Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment or subletting shall : (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇. (b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇'s Default or Breach. (c) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting. (d) In the event of any Default or Breach by ▇▇▇▇▇▇, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor. (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s considering and processing said request. ▇▇▇▇▇▇ agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36) (f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing. (g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 6 contracts
Sources: Industrial/Commercial Multi Tenant Lease (Liquidmetal Technologies Inc), Standard Multi Tenant Office Lease (America Great Health), Standard Multi Tenant Office Lease (America Great Health)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 5 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Cii Financial Inc), Standard Industrial/Commercial Single Tenant Lease (Telocity Inc), Standard Industrial/Commercial Single Tenant Lease Net (Skechers Usa Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 5 contracts
Sources: Lease Agreement (Social Capital Suvretta Holdings Corp. I), Standard Industrial/Commercial Multi Tenant Lease Gross (Social Capital Suvretta Holdings Corp. I), Standard Industrial/Commercial Single Tenant Lease Net (ImmunityBio, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1000 as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 3634)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing, provided however the foregoing shall not apply to any Permitted Transfer. (See Paragraph 39.237.2)
Appears in 4 contracts
Sources: Commercial Lease (Ascend Wellness Holdings, LLC), Commercial Lease (Ascend Wellness Holdings, LLC), Commercial Lease (Ascend Wellness Holdings, LLC)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment or subletting shall : (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 4 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease (Exagen Inc.), Standard Multi Tenant Office Lease (America Great Health), Lease Agreement (Liquidmetal Technologies Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the the-primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or 10% of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 4 contracts
Sources: Sublease Agreement (AltheaDx, Inc.), Sublease Agreement (AltheaDx, Inc.), Sublease Agreement (AltheaDx, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment or subletting shall shall: (iI) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 4 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease, Asset Purchase Agreement (Item 9 Labs Corp.), Industrial/Commercial Lease
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 3 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Wesco Aircraft Holdings, Inc), Standard Industrial/Commercial Single Tenant Lease Net (Wesco Aircraft Holdings, Inc), Lease Agreement (Wesco Aircraft Holdings, Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 3 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Troy Group Inc), Lease Agreement (I O Magic Corp), Standard Industrial/Commercial Single Tenant Lease Net (TTM Technologies Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter after the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations obligation from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event even of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility reasonability and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the currently monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform confirm and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 3 contracts
Sources: Lease Agreement (Cumetrix Data Systems Corp), Standard Industrial/Commercial Single Tenant Lease Gross (Cumetrix Data Systems Corp), Lease Agreement (Cumetrix Data Systems Corp)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 3 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Fox Factory Holding Corp), Lease Agreement (Fox Factory Holding Corp), Standard Industrial/Commercial Multi Tenant Lease (Quantum Fuel Systems Technologies Worldwide Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 2,500 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is less, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 3 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Digitalthink Inc), Building Lease (Sew Cal Logo Inc), Building Lease (Sew Cal Logo Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's Landlord’s consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee Tenant under this Lease, (ii) release Lessee Tenant of any obligations hereunder, or (iii) alter the primary liability of Lessee Tenant for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Tenant.
(b) Lessor Landlord may accept Rent or performance of ▇▇▇▇▇▇'s Tenant’s obligations from any person other than Lessee Tenant pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's Landlord’s right to exercise its remedies for ▇▇▇▇▇▇'s Tenant’s Default or Breach.
(c) ▇▇▇▇▇▇'s Landlord’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Tenant, Lessor Landlord may proceed directly against Lessee, any Guarantors Tenant or anyone else responsible for the performance of ▇▇▇▇▇▇'s Tenant’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's Landlord’s remedies against any other person or entity responsible therefor therefore to LessorLandlord, or any security held by LessorLandlord.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's Landlord’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 as consideration for ▇▇▇▇▇▇'s Landlord’s considering and processing said request. ▇▇▇▇▇▇ Tenant agrees to provide Lessor Landlord with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee Tenant during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor Landlord has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 3 contracts
Sources: Commercial Lease Agreement (ImmunityBio, Inc.), Commercial Lease (NantKwest, Inc.), Commercial Lease (NantKwest, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) 13.2.1 Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) 13.2.2 Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s 13.2.3 Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) 13.2.4 In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) 13.2.5 Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36Section 20.18)
(f) 13.2.6 Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s 13.2.7 Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2Section 19.1.)
13.2.8 If Lessee assigns and/or sublets any portion(s) of its interest in this Lease or in the Premises with Lessor’s consent, any consideration received by Lessee for said assignment and/or subletting, after deducting any real estate broker’s commissions incurred solely for the purpose of and in connection with the assignment or subletting, shall be divided equally with Lessor to the extent it exceeds the consideration due Lessor from Lessee under this Lease (“Net Rent Premium”). The amount due Lessor shall be paid to Lessor within ten (10) days after its receipt by Lessee. Lessee shall act as Lessor’s agent in collecting such amounts from any such assignee or sublessee.
Appears in 2 contracts
Sources: Industrial/Commercial Multi Tenant Lease (Genelux Corp), Industrial/Commercial Multi Tenant Lease (Genelux Corp)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessees obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessees Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach Breath by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, Lease including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writingventing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and arid agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. writing (See Paragraph 39.2).
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Net (AutoGenomics, Inc.), Standard Industrial/Commercial Single Tenant Lease Net (AutoGenomics, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consentWithout limiting the foregoing, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇Except for a Permitted Transferee, Lessor's consent to any assignment or subletting subletting, if any, shall not transfer to the assignee or sublessee any Option or Right of First Refusal granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Amistar Corp), Purchase and Sale Agreement (Amistar Corp)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (1 0%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Standard Industrial Commercial Single Tenant Lease Net (Immune Response Corp), Standard Industrial Commercial Single Tenant Lease Net (Ipl Systems Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall : (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease Net (Cue Health Inc.), Lease Agreement (Cue Health Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Alphatec Holdings, Inc.), Standard Industrial/Commercial Single Tenant Lease (Alphatec Holdings, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇L▇▇▇▇▇.
(b) Lessor may accept Rent or performance of L▇▇▇▇▇▇'s ’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for L▇▇▇▇▇▇'s ’s Default or Breach.
(c) L▇▇▇▇▇▇'s ’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇L▇▇▇▇▇, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of L▇▇▇▇▇▇'s ’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇L▇▇▇▇▇ agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) L▇▇▇▇▇▇'s ’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇L▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Lease Agreement (Brownie's Marine Group, Inc), Lease Agreement (Brownie's Marine Group, Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of or any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations obligation from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its the remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to of any subsequent assignment or subletting.
(d) In the event of any Default default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublesseesubLessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublesseesubLessee, including but not limited to the intended use and/or required request modification of or the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment agreement or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not transfer to the assignee or sublessee any by Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease (Ironclad Performance Wear Corp), Lease Agreement (Ironclad Performance Wear Corp)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's Landlord’s consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee subtenant of the obligations of Lessee Tenant under this Lease, (ii) release Lessee Tenant of any obligations hereunder, or (iii) alter the primary liability of Lessee Tenant for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇.Tenant,
(b) Lessor Landlord may accept Rent or performance of ▇▇▇▇▇▇'s Tenant’s obligations from any person other than Lessee Tenant pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's Landlord’s right to exercise its remedies for ▇▇▇▇▇▇'s Tenant’s Default or Breach.
(c) ▇▇▇▇▇▇'s Landlord’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Tenant, Lessor Landlord may proceed directly against Lessee, any Guarantors Tenant or anyone else responsible for the performance of ▇▇▇▇▇▇'s Tenant’s obligations under this Lease, including any assignee or sublesseesubtenant, without first exhausting Lessor's Landlord’s remedies against any other person or entity responsible therefor therefore to LessorLandlord, or any security held by LessorLandlord.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's Landlord’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublesseesubtenant, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s considering and processing said request. ▇▇▇▇▇▇ Tenant agrees to provide Lessor Landlord with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)Tenant shall reimburse Landlord for all reasonable out of pocket costs actually incurred by Landlord in connection with the consideration of any request, including attorneys’ fees.
(f) Any assignee of, or sublessee subtenant under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee Tenant during the term Term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor Landlord has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 2 contracts
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or 10% of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease (Essxsport Corp), Standard Industrial/Commercial Multi Tenant Lease (Essxsport Corp)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee not to exceed $500.00 applicable to the portion of $500 as the Premises which is the subject of the proposed assignment or sublease, consideration for ▇▇▇▇▇▇'s Lessor’s reasonable legal expenses for considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Nextest Systems Corp), Standard Industrial/Commercial Single Tenant Lease (Nextest Systems Corp)
Terms and Conditions Applicable to Assignment and Subletting. See Addendum.
(a) Regardless of Lessor's Lessors consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessees obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's Lessors right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇'s Lessors consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's Lessors determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Laser Pacific Media Corp), Standard Industrial/Commercial Single Tenant Lease (Laser Pacific Media Corporation)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee sub lessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval approval, or disapproval disapproval, of such assignment nor the acceptance of Rent or performance shall constitute a waiver or nor estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s’ consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessor, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublesseesub lessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublesseesub lessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee sub lessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than that such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee sub lessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. writing (See Paragraph 39.2)
Appears in 2 contracts
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Bebe Stores Inc), Standard Industrial/Commercial Single Tenant Lease Net (Overhill Farms Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, if required, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writingsublease.
(g) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Lease (SeaSpine Holdings Corp), Lease Agreement (SeaSpine Holdings Corp)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee lease for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel appeal of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination termination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed formed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Dippy Foods Inc), Standard Industrial/Commercial Single Tenant Lease (Dippy Foods Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's Lessors right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇'s Lessors consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including Including any assignee or sublessee, without first exhausting Lessor's Lessors remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information Information relevant to Lessor's Lessors determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended Intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s Lessors considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessors consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2).
Appears in 2 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease Gross, Standard Industrial/Commercial Multi Tenant Lease Gross (Zoned Properties, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment any Assignment or subletting Subletting shall : not (i) be effective without the express written assumption by such assignee Assignee or sublessee Sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignmentAssignment. Neither a delay in the approval or disapproval of such assignment Assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment Assignment or subletting Subletting shall not constitute a consent to any subsequent assignment Assignment or sublettingSubletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee Assignee or sublesseeSublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment Assignment or subletting Subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee Assignee or sublesseeSublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed Assignment or Sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee Assignee of, or sublessee Sublessee under, this Lease shall, by reason of accepting such assignment, Assignment or entering into such sublease, or entering into possession of the Premises or any portion thereofSublease, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment Assignment or subleaseSublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment Assignment or sublease Sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Full Service Lease (Document Capture Technologies, Inc.), Full Service Lease (Document Capture Technologies, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall : not (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or nor (iii) alter the primary liability of Lessee for the payment of Base Rent and other sums due Lessor hereunder or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee under this Lease.
(b) Lessor may accept Rent any rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or any rent for performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇'s the Default or BreachBreach by Lessee of any of the terms, covenants or conditions of this Lease.
(c) ▇▇▇▇▇▇'s The consent of Lessor to any assignment or subletting shall not constitute a consent to any subsequent assignment or sublettingsubletting by Lessee or to any subsequent or successive assignment or subletting by the assignee or sublessee.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇of Lessee's obligation under this Lease, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇the Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including including, but not limited to to, the intended use and/or required modification of the Premises, if any, together with a fee non-refundable deposit of $500 1,000 as reasonable consideration for ▇▇▇▇▇▇Lessor's considering and processing said requestthe request for consent. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)requested by Lessor.
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession be deemed, for the benefit of the Premises or any portion thereofLessor, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease (Supergen Inc), Lease Agreement (Supergen Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's Lessors consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇.Lessee, unless (see Paragraph 57)
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇'s Lessees Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, assignment or entering into possession of the Premises or any portion thereof, in be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)see addendum
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Net (SMTC Corp), Lease Agreement (SMTC Corp)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Digital Entertainment Network Inc), Standard Industrial/Commercial Single Tenant Lease (International Remote Imaging Systems Inc /De/)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept any Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇'s the Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇of Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone any one else responsible for the performance of ▇▇▇▇▇▇the Lessee's obligations under this Lease, including any assignee or the sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if . If any, together with a fee of $500 1,000, as consideration for ▇▇▇▇▇▇Lessor's consideration for Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment or subletting shall : (i) be effective effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease Net (International Stem Cell CORP), Standard Industrial/Commercial Multi Tenant Lease Gross
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s considering and processing said request. ▇▇▇▇▇▇ agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)[*]
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Telocity Inc), Standard Industrial/Commercial Single Tenant Lease (Telocity Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000, as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Any such deposit paid in accordance with this provision will be applied against any fees due pursuant to Paragraph 36), below.
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease (ChemoCentryx, Inc.), Standard Industrial/Commercial Multi Tenant Lease (ChemoCentryx, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of whether Lessor's consentconsent is required, no but subject to any specific agreement by Lessor, any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Homegrocer Com Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by b information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed propose assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (North Valley Bancorp)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇the Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ request Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (California Amplifier Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee Assignee at Sublessee of the obligations of Lessee under this Lease, lease; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or at performance of ▇▇▇▇▇▇at Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignmentAssignment. Neither a delay in the approval or disapproval of such assignment Assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's Lessors right to exercise its remedies for ▇▇▇▇▇▇'s Lessees Default or Breach.
(c) ▇▇▇▇▇▇'s Lessors consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, Lessor any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, Lease including any assignee Assignee or sublessee, Sublessee without first exhausting Lessor's remedies against any other person or a entity responsible therefor therefore to Lessor, Lessor or any security held by Lessor.
(e) Each request for consent to an assignment Assignment or subletting Subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee Assignee or sublesseeSublessee, including but not limited to the intended use and/or required modification of at the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed Assignment or Sublease, whichever it greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)to
(f) Any assignee Assignee of, or sublessee Sublessee under, this Lease shall, by reason of accepting such assignment, Assignment or entering into such sublease, or entering into possession of the Premises or any portion thereofSublease, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee Leasee during the term of said assignment Assignment or subleaseSublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment Assignment or sublease Sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Full Service Lease Gross (National Scientific Corp/Az)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇'s Default or Breach.
(c) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended Intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Lease Agreement (Reeds Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or three percent (3%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Exodus Communications Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) 12.2.1. Regardless of Lessor's ’s consent, no assignment or subletting shall : (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) 12.2.2. Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s 12.2.3. Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) 12.2.4. In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors Lessee or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) 12.2.5. Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 3634)
(f) 12.2.6. Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Lease Agreement (RxSight, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,500 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Lease
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee subleases of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iiiii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublesseesubleases, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee subleases under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Sublease Agreement (Andromedia Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter after the primary liability of Lessee for the payment of or Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment of sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or of sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Imaging Technologies Corp/Ca)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, : or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Nutech Digital Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall : not (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations to Landlord hereunder, or (iii) alter the primary liability of Lessee to Landlord for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default default or Breach breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information information, relevant to LessorLandlord's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 150.00 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Lease Agreement (Infocrossing Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Multi Tenant Office Lease (1st Century Bancshares, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇the Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 500, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ request Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Somera Communications Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇'s Default or Breach.an
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or and/or, required modification of the Premises, if any. Lessee shall reimburse Lessor, together with a fee of $500 as consideration Additional Rent, for ▇▇▇▇▇▇'s its actual, reasonable costs and expenses, including reasonable attorneys' fees, incurred in considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor may refuse to consent on any commercially reasonable grounds. Including, without limitation: the potential inability of the proposed assignee to any assignment fulfill the Lease terms and the financial irresponsibility or subletting shall not transfer to instability of the proposed assignee or sublessee sublessee, the lack of suitability of the Premises for the intended use by the proposed assignee or sublessee, the potential for unlawful or undesirable use of the Premises by the proposed assignee or sublessee, or the character or business reputation of the proposed assignee or sublessee. In any Option granted dispute which arises under this paragraph, Lessee shall pay to Lessor all of Lessor's costs and expenses reasonably incurred by Lessor in making the original Lessee by investigation and factual findings provided for in this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)paragraph.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Converse Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenantconvenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Eco Soil Systems Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept any Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇the Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Burke Flooring Products Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or 10% of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option option to extend granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. .
(See Paragraph 39.2)h) Notwithstanding anything to the contrary contained herein, Lessee hereby agrees that it shall be reasonable for Lessor to deny consent to any proposed assignment or subletting, if (i) the proposed transferee is either a governmental agency or instrumentality thereof, (ii) the use to be made of the Premises by the proposed transferee is (a) not generally consistent with the character and nature of all other tenancies in the Project, or (b) a use which conflicts with any so-called “exclusive” then in favor of another tenant of the Project, or (c) a use which would be prohibited by any other portion of this Lease, or (iii) the financial responsibility of the proposed transferee ish not reasonably satisfactory to Lessor.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (Organogenesis Holdings Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Lease Agreement (Xoma LTD /De/)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any nay subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease Gross (Xoma LTD /De/)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of not to exceed $500 1,000 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, or (ii) release release, Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's Lessors right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or of Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, under this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every ever term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial Commercial Single Tenant Lease (En Pointe Technologies Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of not to exceed $500 1,000 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Omnicell Com /Ca/)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee subleases of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, term covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Lease Agreement (New Focus Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of INITIALS: ___________ __________ such assignment nor the acceptance of any Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇the Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be as reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36.)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the tne term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2.)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Osmetech PLC)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of Five Hundred Dollars and No Cents ($500 500.00) as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writingwriting in Lessor’s sole and absolute discretion. Notwithstanding anything to the contrary in this Lease, Lessee shall have the right, without need of Lessor’s prior consent, to assign this Lease or to sublet all or any portion of the Premises to (See Paragraph 39.2)i) any person or entity acquiring all or substantially all of Lessee’s corporate stock or assets, (ii) the surviving entity in any merger, reorganization or consolidation, (iii) any parent, affiliate, subsidiary of Lessee, or to any duly authorized, bona-fide franchisee, licensee, agent or distributor of either of them, or (iv) if this Lease has been assigned to such franchisee, licensee, agent or distributor, such party may assign this Lease to its franchisor, licensor, or supplier. The foregoing are hereinafter collectively referred to as “Permitted Transferees”, and an assignment or sublease to or with a Permitted Transferee is hereinafter referred to as a “Permitted Transfer”. Any and all options granted to Lessee under any of the provision(s) of this Lease may be exercised by a Permitted Transferee. Lessee’s right to enter into a Permitted Transfer shall be subject to the following conditions:
(a) Lessee shall provide Lessor with a fully-executed copy of the applicable sublease or assignment upon the closing of such transaction;
(b) Lessee’s Permitted Transferee shall (in the case of an assignment of this Lease) assume in writing for benefit of Lessor, in a form and substance reasonably acceptable to Lessor, all obligations imposed under this Lease upon Lessee, and any sublease to a Permitted Transferee shall be subordinate and subject to the terms, covenants and conditions of this Lease;
(c) All past due sums owing under this Lease shall be paid to Lessor concurrent with the closing of any Permitted Transfer;
(d) Lessee shall promptly provide Lessor with such business and financial information on the Permitted Transferee as Lessor may reasonably request;
(e) No Permitted Transfer shall relieve Lessee of Lessee’s ongoing primary liability and responsibility for performance of all of the terms, covenants and conditions of this Lease. All proceeds received by Lessee in connection with any assignment or subletting shall belong to Lessee. Lessee shall be entitled to retain all consideration paid to Lessee on account of Lessee’s good will, fixtures, furnishings, equipment, inventory, and intangibles such as trademarks, intellectual property, receivables, etc. Any and all rights granted to Lessee under this Lease may be exercised by a Permitted Transferee, or by any assignee or sublessee who has been approved by Lessor. If Lessor does not respond to any request for Lessor’s consent hereunder within thirty (30) days of Lessor’s receipt thereof, and any additional information reasonably requested by Lessor to consider Lessee’s request, Lessor shall be deemed to have consented to the proposed transfer, assignment or subletting.
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i1) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its Its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇'s Lessors consent to any assignment or subletting shall not hot constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including Including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including Including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably reasonable requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept any Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of any Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or 10% of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease whichever is greater, as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information Information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if of any, together with a fee few of $500 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Sionix Corp)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter after the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required require modification of the Premisespremises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Single Tenant Lease (Invivo Corp)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's Lessors right to exercise its Its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) . In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's Lessors remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's Lessors determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any. Lessee shall reimburse Lessor an amount not to exceed Lessor's actual, together third-party costs associated with a fee of each request or $500 as consideration for ▇▇▇▇▇▇'s considering and processing said request1000, whichever is less. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Variflex Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary primary’ liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or 10% of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering assignment or enterin~1 into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, . any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇'s Lessors considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment or subletting shall : (i) be effective effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇L▇▇▇▇▇.
(b) Lessor may accept Rent or performance of ▇L▇▇▇▇▇'s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇L▇▇▇▇▇'s Default or Breach.
(c) ▇L▇▇▇▇▇'s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇L▇▇▇▇▇, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇L▇▇▇▇▇ agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor L▇▇▇▇▇ has specifically specifically consented to in writing.
(g) ▇L▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically specifically consented to by ▇L▇▇▇▇▇ in writing. (See Paragraph 39.2)
(h) Anything in this Paragraph 12 to the contrary not withstanding, Lessee shall have the right, subject to Lessor’s consent, which shall not be unreasonably withheld or delayed, to sublease or assign the Premises, at any time during the Term. Lessor shall retain fifty percent (50%) of all sublease or assignment profits after first deducting all of L▇▇▇▇▇’s direct costs incurred in connection with the transfer, which shall include, legal fees, brokerage fees, and tenant improvements (approved in advance by Lessor and subject to removal and restoration). The rent of said Sublease shall be at L▇▇▇▇▇’s sole discretion and approval. Reorganization, merger, consolidation, sale of Lessee or transfer of partnership interests, admission or withdrawal of partners or a transfer of partnership assets or interests to any affiliated partnership or entity shall each be deemed a “Permitted Transfer” and shall be further outlined in the lease agreement.
Appears in 1 contract
Sources: Lease Agreement (Ceribell, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment or subletting shall : (i) be effective effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇L▇▇▇▇▇.
(b) Lessor may accept Rent or performance of ▇L▇▇▇▇▇'s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇L▇▇▇▇▇'s Default or Breach.
(c) ▇L▇▇▇▇▇'s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇L▇▇▇▇▇, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification modification of the Premises, if any, together with a fee of $500 as consideration for ▇L▇▇▇▇▇'s considering and processing said request. ▇L▇▇▇▇▇ agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor L▇▇▇▇▇ has specifically specifically consented to in writing.
(g) ▇L▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically specifically consented to by ▇L▇▇▇▇▇ in writing. (See Paragraph 39.2)
(h) Anything in this Paragraph 12 to the contrary not withstanding, Lessee shall have the right, subject to Lessor’s consent, which shall not be unreasonably withheld or delayed, to sublease or assign the Premises, at any time during the Term. Lessor shall retain fifty percent (50%) of all sublease or assignment profits after first deducting all of L▇▇▇▇▇’s direct costs incurred in connection with the transfer, which shall include, legal fees, brokerage fees, and tenant improvements (approved in advance by Lessor and subject to removal and restoration). The rent of said Sublease shall be at L▇▇▇▇▇’s sole discretion and approval. Reorganization, merger, consolidation, sale of Lessee or transfer of partnership interests, admission or withdrawal of partners or a transfer of partnership assets or interests to any affiliated partnership or entity shall each be deemed a “Permitted Transfer” and shall be further outlined in the lease agreement.
Appears in 1 contract
Sources: Lease Agreement (Ceribell, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no ’s consent any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the iii).after primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee beyond any applicable cure period, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's Less remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's Less determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, suble be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Osmetech PLC)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Office Lease
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease. Whichever is greater, as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Sublease (Digirad Corp)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, assignment be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. See Addendum Paragraph 57
(a) Regardless of Lessor's Lessors consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, sublease be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's Lessors consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (MRV Communications Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) 13.2.1 Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) 13.2.2 Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s 13.2.3 Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) 13.2.4 In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) 13.2.5 Each request for consent to an assignment or subletting shall be in writing, and in the case of assignment whereby Lessee is to be released from further liability under this Lease, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36Section 20.18)
(f) 13.2.6 Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writingwriting (where such consent is required hereunder).
(g) ▇▇▇▇▇▇'s 13.2.7 Other than Permitted Transfers, Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2Section 19.1.)
13.2.8 If Lessee assigns and/or sublets any portion(s) of its interest in this Lease or in the Premises with Lessor’s consent (where such consent is required hereunder), any consideration received by Lessee for said assignment and/or subletting, after deducting any real estate broker’s commissions, reasonable marketing costs, and rental concessions, incurred solely for the purpose of and in connection with the assignment or subletting, shall be divided equally with Lessor to the extent it exceeds the consideration due Lessor from Lessee under this Lease (“Net Rent Premium”). The amount due Lessor shall be paid to Lessor within thirty (30) days after its receipt by Lessee. Lessee shall act as Lessor’s agent in collecting such amounts from any such assignee or sublessee.
Appears in 1 contract
Sources: Industrial/Commercial Multi Tenant Lease (Tandem Diabetes Care Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Addendum Paragraph 3671)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Capstone Turbine Corp)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every termform, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Smtek International Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, sublessee without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ , Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. (aA) Regardless of Lessor's consent, no assignment any Assignment or subletting Subletting shall : not (i) be effective without the express written assumption by such assignee Assignee or sublessee Sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(bB) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignmentAssignment. Neither a delay in the approval or disapproval of such assignment Assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(cC) ▇▇▇▇▇▇Lessor's consent to any assignment Assignment or subletting Subletting shall not constitute a consent to any subsequent assignment Assignment or sublettingSubletting.
(dD) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee Assignee or sublesseeSublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(eE) Each request for consent to an assignment Assignment or subletting Subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee Assignee or sublesseeSublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 500.00 as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(fF) Any assignee Assignee of, or sublessee Sublessee under, this Lease shall, by reason of accepting such assignment, Assignment or entering into such sublease, or entering into possession of the Premises or any portion thereofSublease, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment Assignment or subleaseSublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment Assignment or sublease Sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall : (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s ’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s ’s Default or Breach.
(c) ▇▇▇▇▇▇'s ’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s ’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s Lessor’s considering and processing said request. ▇▇▇▇▇▇ agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s ’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Multi Tenant Office Lease Gross (Signing Day Sports, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter after the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept any Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay ▇▇▇▇▇ in the approval or disapproval of such assignment nor the acceptance of any Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or 10% of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (Alldigital Holdings, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's ’s consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇'s Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's ’s right to exercise its remedies for ▇▇▇▇▇▇'s tor Lessee’s Default or Breach.
(c) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇, Lessee. Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇'s Lessee’s obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's ’s remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's ’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor’s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Multi Tenant Office Lease Gross (Ventyx Biosciences, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)PAGE 9 Initials _________ FORM STN-6-2/97
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Petco Animal Supplies Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.. Initials
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Bairnco Corp /De/)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessorlessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or 10% of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Lease Agreement (Lmi Aerospace Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii) release Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any. Lessee shall reimburse Lessor, together with a fee of $500 as consideration Additional Rent, for ▇▇▇▇▇▇'s its actual, reasonable costs and expenses, including reasonable attorneys' fees, incurred in considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be b observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s Lessor may refuse to consent on any commercially reasonable grounds, including, without limitation: the potential inability of the proposed assignee to any assignment fulfill the Lease terms and the financial irresponsibility or subletting shall not transfer to instability of the proposed assignee or sublessee sublessee, the lack of suitability of the Premises for the intended use by the proposed assignee or sublessee, the potential for unlawful or undesirable use of the Premises by the proposed assignee or sublessee, or the character or business reputation of the proposed assignee or sublessee. In any Option granted dispute which arises under this paragraph, Lessee shall pay to Lessor all of Lessor's costs and expense reasonably incurred by Lessor in making the original Lessee by investigation and factual findings provided for in this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)paragraph.
Appears in 1 contract
Sources: Lease Agreement (Converse Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's LANDLORD'S consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee subtenant of the obligations of Lessee TENANT under this Lease, (ii) release Lessee TENANT of any obligations hereunder, or (iii) alter the primary liability of Lessee TENANT for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇TENANT.
(b) Lessor LANDLORD may accept Rent or performance of ▇▇▇▇▇▇'s TENANT'S obligations from any person other than Lessee TENANT pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's LANDLORD'S right to exercise its remedies for ▇▇▇▇▇▇'s Default or BreachTENANT'S Default.
(c) ▇▇▇▇▇▇'s LANDLORD'S consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇TENANT, Lessor LANDLORD may proceed directly against Lessee, any Guarantors TENANT or anyone else responsible for the performance of ▇▇▇▇▇▇'s TENANT'S obligations under this Lease, including any assignee or sublesseesubtenant, without first exhausting Lessor's LANDLORD'S remedies against any other person or entity responsible therefor to LessorLANDLORD, or any security held by LessorLANDLORD.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's LANDLORD'S determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublesseesubtenant, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 250 as consideration for ▇▇▇▇▇▇'s LANDLORD'S considering and processing said request. ▇▇▇▇▇▇ TENANT agrees to provide Lessor LANDLORD with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee subtenant under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee TENANT during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor LANDLORD has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s LANDLORD'S consent to any assignment or subletting shall not transfer to the assignee or sublessee subtenant any Option right to purchase the Premises granted to the original Lessee TENANT by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ LANDLORD in writing. (See Paragraph 39.2).
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment or subletting shall shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.. __________ __________ __________ __________ INITIALS INITIALS
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ Lessor in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Lease Agreement (Ministry Partners Investment Corp)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for ▇▇▇▇▇▇'s considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Lease Agreement (Communications & Power Industries Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (iI) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, ; (ii11) release Lessee of any obligations hereunder, ; or (iiiIII) alter after the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's Lessors right to exercise its remedies for ▇▇▇▇▇▇'s Lessees Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's Lessors remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in In writing, accompanied by information relevant to Lessor's Lessors determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever Is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and HAVE ASSUMED AND AGREED TO CONFORM AND comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Tangible Asset Gallaries Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Leaselease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by ▇▇▇▇▇▇Lessee.
(b) Lessor may accept Rent or performance of ▇▇▇▇▇▇Lessee's obligations from any person other than Lessee lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for ▇▇▇▇▇▇Lessee's Default or Breach.
(c) ▇▇▇▇▇▇Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) In the event of any Default or Breach by ▇▇▇▇▇▇Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of ▇▇▇▇▇▇Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 1,000 or ten percent (10%) of the current monthly Base Rent applicable to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for ▇▇▇▇▇▇Lessor's considering and processing said request. ▇▇▇▇▇▇ request Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36).
(f) Any assignee of, or sublessee under, this Lease lease shall, by reason of accepting such assignment, assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.
(g) ▇▇▇▇▇▇'s consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by ▇▇▇▇▇▇ in writing. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Diversified Opportunities, Inc.)