Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 Regardless of Landlord’s consent, no assignment or subletting shall: (i) be effective without the express written assumption by such assignee or subtenant of the obligations of Tenant under this Lease, (ii) release Tenant of any obligations hereunder, or (iii) alter the primary liability of Tenant for the payment of Rent or for the performance of any other obligations to be performed by Tenant. 12.2.2 Landlord may accept Rent or performance of Tenant’s obligations from any person other than 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 Landlord’s right to exercise its remedies for Tenant’s Default or Breach. 12.2.3 Landlord’s consent to any assignment or subletting shall not constitute consent to any subsequent assignment or subletting. 12.2.4 In the event of any Default or Breach by Tenant, Landlord may proceed directly against Tenant, any Guarantors or anyone else responsible for the performance of Tenant’s obligations under this Lease, including any assignee or subtenant, without first exhausting Landlord’s remedies against any other person or entity responsible therefore to Landlord, or any security held by Landlord. 12.2.5 Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Landlord’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenant, 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 Landlord’s considering and processing said request. Tenant agrees to provide Landlord with such other or additional information and/or documentation as may be reasonably requested. 12.2.6 Tenant shall reimburse Landlord upon demand for its reasonable attorney’s cost and fees relating to any request for consent to an assignment or sublease not to exceed $1,250 per standard request. 12.2.7 Any assignee of, or subtenant 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 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 Landlord has specifically consented to in writing. 12.2.8 Landlord’s consent to any assignment or subletting shall not transfer to the assignee or subtenant any Option granted to the original Tenant by this Lease unless such transfer is specifically consented to by Landlord in writing.
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of Landlord’s Lessor's consent, no assignment or subletting shall: (i) be effective without the express written assumption by such assignee shall release Lessee of Lessee's obligations hereunder or subtenant of the obligations of Tenant under this Lease, (ii) release Tenant of any obligations hereunder, or (iii) alter the primary liability of Tenant for Lessee to pay the payment rent and other sums due Lessor hereunder including Lessee's Share of Rent or for the performance of any Operating Expense Increase, and to perform all other obligations to be performed by TenantLessee hereunder.
12.2.2 Landlord (b) Lessor may accept Rent or performance of Tenant’s obligations rent from any person other than Tenant Lessee pending approval or disapproval of an such assignment. .
(c) Neither a delay in the approval or disapproval of such assignment or subletting nor the acceptance of Rent or performance rent, shall constitute a waiver or estoppel of Landlord’s Lessor's right to exercise its remedies for Tenant’s Default the breach of any of the terms or Breachconditions of this paragraph 12 or this Lease.
12.2.3 Landlord’s (d) If Lessee's obligations under this Lease have been guaranteed by third parties, then an assignment or sublease, and Lessor's consent thereto, shall not be effective unless said guarantors give their written consent to such sublease and the terms thereof.
(e) The consent by Lessor to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
12.2.4 In subletting by Lessee or to any subsequent or successive assignment or subletting by the event sublessee. However, Lessor may consent to subsequent sublettings and assignments of the sublease or any Default amendments or Breach by Tenant, Landlord may proceed directly against Tenant, any Guarantors modifications thereto without notifying Lessee or anyone else responsible for liable on the performance of Tenant’s obligations Lease or sublease and without obtaining their consent and such action shall not relieve such persons from liability under this LeaseLease or said sublease; however, including such persons shall not be responsible to the extent any assignee such amendment or subtenant, without first exhausting Landlord’s remedies against any other person modification enlarges or entity responsible therefore to Landlord, increases the obligations of the Lessee or any security held by Landlordsublessee under this Lease or such sublease.
12.2.5 Each request for (f) Lessor's written consent to any assignment or subletting of the Premises by Lessee shall not constitute an acknowledgment that no default then exists under this Lease of the obligations to be performed by Lessee nor shall such consent be deemed a waiver of any then existing default, except as may be otherwise stated by Lessor at the time.
(g) The discovery of the fact that any financial statement relied upon by Lessor in giving its consent to an assignment or subletting shall be in writing, accompanied by information relevant to Landlord’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenant, 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 Landlord’s considering and processing said request. Tenant agrees to provide Landlord with such other or additional information and/or documentation as may be reasonably requested.
12.2.6 Tenant shall reimburse Landlord upon demand for its reasonable attorney’s cost and fees relating to any request for consent to an assignment or sublease not to exceed $1,250 per standard request.
12.2.7 Any assignee of, or subtenant under, this Lease was materially false shall, by reason of accepting such assignmentat Lessor's election, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed render Lessor's said consent null and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by 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 Landlord has specifically consented to in writingvoid.
12.2.8 Landlord’s consent to any assignment or subletting shall not transfer to the assignee or subtenant any Option granted to the original Tenant by this Lease unless such transfer is specifically consented to by Landlord in writing.
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 1. Regardless of LandlordLessor’s consent, no assignment or subletting shall: (i) be effective without the express written assumption by such assignee or subtenant sublessee of the obligations of Tenant Lessee under this Lease, ; (ii) release Tenant Lessee of any obligations hereunder, ; or (iii) alter the primary liability of Tenant 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 TenantLessee under this Lease.
12.2.2 Landlord may accept Rent or performance 2. The consent of Tenant’s obligations from any person other than 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 Landlord’s right to exercise its remedies for Tenant’s Default or Breach.
12.2.3 Landlord’s consent Lessor to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
12.2.4 In subletting by Lessee or to any subsequent or successive assignment or subletting by the event assignee or sublessee. However, Lessor may consent to subsequent sublettings and assignments of the sublease or any Default amendments or Breach by Tenant, Landlord may proceed directly against Tenant, any Guarantors modifications thereto without notifying Lessee or anyone else responsible for liable on the performance of Tenant’s obligations Lease or sublease and without obtaining their consent, and such action shall not relieve such persons from liability under this Lease, including any assignee Lease or subtenant, without first exhausting Landlord’s remedies against any other person or entity responsible therefore to Landlord, or any security held by Landlordsublease.
12.2.5 3. Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to LandlordLessor’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenantsublessee, 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 Landlord’s considering and processing said requestReal Property. Tenant agrees to Lessee shall provide Landlord Lessor with such other or additional information and/or and documentation as may be reasonably requestedrequested by Lessor.
12.2.6 Tenant shall reimburse Landlord 4. Lessee acknowledges and agrees that, among other grounds upon demand for its reasonable attorney’s cost and fees relating to any request for which Lessor could reasonably withhold consent to an a proposed assignment or subletting, it shall be reasonable for Lessor to withhold consent where: (i) the proposed assignee or sublessee does not intend itself to occupy the entire portion of the Real Property assigned or sublet; (ii) Lessor disapproves of the proposed assignee’s or sublessee’s business operating ability or history, or the reputation of the proposed assignee or sublessee, or the character of the business to be conducted by the proposed assignee or sublessee at the Real Property; (iii) Lessor determines that the proposed assignee or sublessee does not have sufficient net worth and net current assets to operate its business in the Real Property and to meet the financial and other obligations of this Lease; or (iv) Lessor otherwise determines that the proposed assignment or sublease not to exceed $1,250 per standard request.
12.2.7 Any assignee of, or subtenant under, this Lease shall, by reason would have the effect of accepting such assignment, entering into such sublease, or entering into possession decreasing the value of the Premises Real Property or any portion thereofincreasing the expenses associated with operating, be deemed to have assumed maintaining and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Tenant during repairing 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 Landlord has specifically consented to in writingReal Property.
12.2.8 Landlord’s consent to any assignment or subletting shall not transfer to the assignee or subtenant any Option granted to the original Tenant by this Lease unless such transfer is specifically consented to by Landlord in writing.
Appears in 1 contract
Sources: Lease Agreement (Standard Gold)
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of LandlordLessor’s consent, no assignment or subletting shall: (i) be effective without the express written assumption by such assignee or subtenant sublessee of the obligations of Tenant Lessee under this Lease, (ii) release Tenant Lessee of any obligations hereunder, or (iii) alter the primary liability of Tenant Lessee for the payment of Rent or for the performance of any other obligations to be performed by TenantLessee.
12.2.2 Landlord (b) Lessor may accept Rent or performance of TenantLessee’s obligations from any person other than Tenant 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 LandlordLessor’s right to exercise its remedies for TenantLessee’s Default or Breach.
12.2.3 Landlord(c) Lessor’s consent to any assignment or subletting shall not constitute consent to any subsequent assignment or subletting.
12.2.4 (d) In the event of any Default or Breach by TenantLessee, Landlord Lessor may proceed directly against Tenant, any Guarantors Lessee or anyone else responsible for the performance of TenantLessee’s obligations under this Lease, including any assignee or subtenantsublessee, without first exhausting LandlordLessor’s remedies against any other person or entity responsible therefore to LandlordLessor, or any security held by LandlordLessor.
12.2.5 (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to LandlordLessor’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenantsublessee, 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 LandlordLessor’s considering and processing said request. Tenant Lessee agrees to provide Landlord Lessor with such other or additional information and/or documentation as may be reasonably requested.. (See also Paragraph 36)
12.2.6 Tenant shall reimburse Landlord upon demand for its reasonable attorney’s cost and fees relating to any request for consent to an assignment or sublease not to exceed $1,250 per standard request.
12.2.7 (f) Any assignee of, or subtenant 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 Tenant 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 Landlord Lessor has specifically consented to in writing.
12.2.8 Landlord(g) Lessor’s consent to any assignment or subletting shall not transfer to the assignee or subtenant sublessee any Option granted to the original Tenant Lessee by this Lease unless such transfer is specifically consented to by Landlord Lessor in writing.. (Subject to Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (Nexsan Corp)
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of Landlord’s Lessors consent, no assignment or subletting shall: (i) be effective without the express written assumption by such assignee or subtenant sublessee of the obligations of Tenant Lessee under this Lease, (ii) release Tenant Lessee of any obligations hereunder, or (iii) alter the primary liability of Tenant Lessee for the payment of Rent or for the performance of any other obligations to be performed by TenantLessee.
12.2.2 Landlord (b) Lessor may accept Rent or performance of TenantLessee’s obligations from any person other than Tenant 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 Landlord’s Lessors right to exercise its remedies for TenantLessee’s Default or Breach.
12.2.3 Landlord’s (c) Lessors consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
12.2.4 (d) In the event of any Default or Breach by TenantLessee, Landlord Lessor may proceed directly against TenantLessee, any Guarantors or anyone else responsible for the performance of TenantLessee’s obligations under this Lease, including any assignee or subtenantsublessee, without first exhausting Landlord’s Lessors remedies against any other person or entity responsible therefore to LandlordLessor, or any security held by LandlordLessor.
12.2.5 (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Landlord’s Lessors determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenantsublessee, 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 Landlord’s considering and processing said request. Tenant Lessee agrees to provide Landlord Lessor with such other or additional information and/or documentation as may be reasonably requested.. (See also Paragraph 36)
12.2.6 Tenant shall reimburse Landlord upon demand for its reasonable attorney’s cost and fees relating to any request for consent to an assignment or sublease not to exceed $1,250 per standard request.
12.2.7 (f) Any assignee of, or subtenant 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 Tenant 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 Landlord Lessor has specifically consented to in writing.
12.2.8 Landlord’s (g) Lessors consent to any assignment or subletting shall not transfer to the assignee or subtenant sublessee any Option granted to the original Tenant Lessee by this Lease unless such transfer is specifically consented to by Landlord Lessor in writing.. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Multi Tenant Office Lease (Adventrx Pharmaceuticals Inc)
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of LandlordLessor’s consent, no any assignment or subletting shallshall not: (i) be effective without the express written assumption by such assignee or subtenant sublessee of the obligations of Tenant Lessee under this Lease, (ii) release Tenant Lessee of any obligations hereunder, or (iii) alter the primary liability of Tenant Lessee for the payment of Rent or for the performance of any other obligations to be performed by Tenant.
12.2.2 Landlord Lessee. Lessor may accept Rent or performance of TenantLessee’s obligations from any person other than Tenant Lessee pending approval or disapproval of an assignment. 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 LandlordLessor’s right to exercise its remedies for TenantLessee’s Default or Breach.
12.2.3 Landlord. Lessor’s consent to any assignment or subletting shall not constitute its consent to any subsequent assignment or subletting.
12.2.4 In the event of any Default or Breach by Tenant, Landlord may proceed directly against Tenant, any Guarantors or anyone else responsible for the performance of Tenant’s obligations under this Lease, including any assignee or subtenant, without first exhausting Landlord’s remedies against any other person or entity responsible therefore to Landlord, or any security held by Landlord.
12.2.5 (b) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to LandlordLessor’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenantsublessee, 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 Landlord’s considering and processing said request. Tenant Lessee agrees to provide Landlord Lessor with such other or additional information and/or documentation as may be reasonably requested.
12.2.6 Tenant requested and shall reimburse Landlord upon demand for its reasonable attorneyfurther pay Lessor’s cost and fees relating to any request for consent to an assignment or sublease costs (not to exceed $1,250 per standard request1,500.00), including reasonable attorneys’ fees, incurred in considering and processing such request for consent.
12.2.7 (c) Any assignee of, or subtenant 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 Tenant 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 Landlord Lessor has specifically consented to in writing.
12.2.8 Landlord’s consent to any assignment or subletting shall not transfer to the assignee or subtenant any Option granted to the original Tenant by this Lease unless such transfer is specifically consented to by Landlord in writing.
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of Landlord’s 's consent, no assignment or subletting shall: (i) be effective without the express written assumption by such assignee or subtenant subTenant of the obligations of Tenant under this Lease, (ii) release Tenant of any obligations hereunder, or (iii) alter the primary liability of Tenant for the payment of Rent or for the performance of any other obligations to be performed by Tenant.
12.2.2 (b) Landlord may accept Rent or performance of Tenant’s 's obligations from any person other than 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 Landlord’s 's right to exercise its remedies for Tenant’s 's Default or Breach.
12.2.3 (c) Landlord’s 's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
12.2.4 (d) In the event of any Default or Breach by Tenant, Landlord may proceed directly against Tenant, any Guarantors or anyone else responsible for the performance of Tenant’s 's obligations under this Lease, including any assignee or subtenantsubTenant, without first exhausting Landlord’s 's remedies against any other person or entity responsible therefore to Landlord, or any security held by Landlord.
12.2.5 (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Landlord’s 's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenantsubTenant, 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 Landlord’s 's considering and processing said request. Tenant agrees to provide Landlord with such other or additional information and/or documentation as may be reasonably requested.
12.2.6 Tenant shall reimburse Landlord upon demand for its reasonable attorney’s cost and fees relating to any request for consent to an assignment or sublease not to exceed $1,250 per standard request.
12.2.7 (f) Any assignee of, or subtenant 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 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 Landlord has specifically consented to in writing.
12.2.8 (g) Landlord’s 's consent to any assignment or subletting shall not transfer to the assignee or subtenant subTenant any Option granted to the original Tenant by this Lease unless such transfer is specifically consented to by Landlord in writing.. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Lease Net (Fortunet, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of Landlord’s 's consent, no assignment or subletting shall: (i) be effective without the express written assumption by such assignee or subtenant subTenant of the obligations of Tenant under this Lease, (ii) release Tenant of any obligations hereunderhereunder unless agreed to in writing by the Landlord, or (iii) alter the primary liability of Tenant for the payment of Rent or for the performance of any other obligations to be performed by Tenant, unless otherwise agreed to in writing by the Landlord.
12.2.2 (b) Landlord may accept Rent or performance of Tenant’s 's obligations from any person other than 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 Landlord’s 's right to exercise its remedies for Tenant’s 's Default or Breach.
12.2.3 (c) Landlord’s 's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
12.2.4 (d) In the event of any Default or Breach by Tenant, Landlord may proceed directly against Tenant, any Guarantors or anyone else responsible for the performance of Tenant’s 's obligations under this Lease, including any assignee or subtenantsubTenant, without first exhausting Landlord’s 's remedies against any other person or entity responsible therefore therefor to Landlord, or any security held by Landlord.
12.2.5 (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Landlord’s 's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenantsub-tenant, 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 Landlord’s considering and processing said request. Tenant agrees to provide Landlord with such other or additional information and/or documentation as may be reasonably requested.. Initials: ____ ____ page 17 of 19
12.2.6 Tenant shall reimburse Landlord upon demand for its reasonable attorney’s cost and fees relating to any request for consent to an assignment or sublease not to exceed $1,250 per standard request.
12.2.7 (f) Any assignee of, or subtenant sub-tenant 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 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 Landlord has specifically consented to in writing.
12.2.8 (g) Landlord’s 's consent to any assignment or subletting shall not transfer to the assignee or subtenant subTenant any Option granted to the original Tenant by this Lease unless such transfer is specifically consented to by Landlord in writing.
Appears in 1 contract
Sources: Commercial Real Estate Lease (STWC. Holdings, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 13.2.1 Regardless of Landlord’s Lessor's consent, no assignment or subletting shall: ({i) be effective without the express written assumption by such assignee or subtenant sublessee of the obligations of Tenant Lessee under this Lease, (ii) release Tenant Lessee of any obligations hereunder, or (iii) alter the primary liability responsibility of Tenant Lessee for the payment of Rent or for the performance of any other obligations to be performed by TenantLessee.
12.2.2 Landlord 13.2.2 Lessor may accept Rent or performance of Tenant’s Lessee's obligations from any person other than Tenant 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 Landlord’s Lessor's right to exercise its remedies for Tenant’s Lessee's Default or Breach.
12.2.3 Landlord’s 13.2.3 Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
12.2.4 13.2.4 In the event of any Default or Breach by TenantLessee, Landlord Lessor may proceed directly against Tenant, any Guarantors Lessee or anyone else responsible for the performance of Tenant’s Lessee's obligations under this Lease, including any assignee or subtenantsublessee, without first exhausting Landlord’s Lessor's remedies against any other person or entity responsible therefore therefor to LandlordLessor, or any security held by LandlordLessor.
12.2.5 13.2.5 Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Landlord’s Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenantsublessee, 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 Landlord’s Lessor's considering and processing said request. Tenant Lessee agrees to provide Landlord Lessor with such other or additional information and/or documentation as may be reasonably requested.. (See also Section 20.18)
12.2.6 Tenant shall reimburse Landlord upon demand for its reasonable attorney’s cost and fees relating to any request for consent to an assignment or sublease not to exceed $1,250 per standard request.
12.2.7 13.2.6 Any assignee of, or subtenant 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 Tenant 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 Landlord Lessor has specifically consented to in writing.
12.2.8 Landlord’s 13.2.7 Lessor's consent to any assignment or subletting shall not transfer to the assignee or subtenant sublessee any Option granted to the original Tenant Lessee by this Lease unless such transfer is specifically consented to by Landlord Lessor in writing. (See Section 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 (1O) 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
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of Landlord’s 's consent, no any assignment or subletting shall: (i) shall not be effective without the express written assumption by such assignee or subtenant sublessee of the obligations of Tenant under this Lease, (ii) release or releases Tenant of any obligations hereunder, or (iii) alter the primary liability of Tenant for the payment of Rent or for the performance of any other obligations to be performed by Tenant.
12.2.2 Landlord may accept Rent or performance of Tenant’s obligations from any person other than Tenant pending approval or disapproval of an assignment. Neither (b) Except as otherwise set forth herein, neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent any rent or performance shall constitute a waiver or estoppel of Landlord’s 's right to exercise its remedies for Tenant’s Default the default or Breachbreach by Tenant of any of the terms, covenants or conditions of this Lease.
12.2.3 Landlord’s (c) The consent of Landlord to any assignment or subletting shall not constitute a consent to an, subsequent assignment or subletting by Tenant or to any subsequent or successive assignment or sublettingsubletting by the sublessee.
12.2.4 (d) In the event of any Default default or Breach by breach of Tenant's obligations under this Lease, Landlord may proceed directly against Tenant, Tenant any Guarantors guarantors or anyone else responsible for the performance of the Tenant’s 's obligations under this Lease, including any assignee or subtenantthe sublessee, without first exhausting Landlord’s 's remedies against any other person or entity responsible therefore therefor to Landlord, or any security held by LandlordLandlord or Tenant.
12.2.5 (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Landlord’s 's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenantsublessee, 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 Landlord’s considering and processing said request. Tenant agrees to provide Landlord with such other or additional information and/or documentation as may be reasonably requestedrequested by Landlord.
12.2.6 Tenant shall reimburse Landlord upon demand for its reasonable attorney’s cost and fees relating to any request for consent to an assignment or sublease not to exceed $1,250 per standard request.
12.2.7 (f) Any assignee of, or subtenant 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 thereofLandlord, 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 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 Landlord has specifically consented to in writing.
12.2.8 Landlord’s consent to any assignment or subletting shall not transfer to the assignee or subtenant any Option granted to the original Tenant by this Lease unless such transfer is specifically consented to by Landlord in writing.
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of Landlord’s 's consent, no any assignment or subletting shallshall not: (i) be effective without the express written assumption by such assignee or subtenant of the obligations of Tenant under this Lease, (ii) release Tenant of any obligations hereunder, or (iii) alter the primary liability of Tenant for the payment of Rent or for the performance of any other obligations to be performed by Tenant.
12.2.2 (b) Landlord may accept Rent or performance of Tenant’s 's obligations from any person other than 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 Landlord’s 's right to exercise its remedies for Tenant’s 's Default or Breach.
12.2.3 (c) Landlord’s 's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
12.2.4 (d) In the event of any Default or Breach by Tenant, Landlord may proceed directly against Tenant, any Guarantors or anyone else responsible for the performance of Tenant’s 's obligations under this Lease, including any assignee or subtenant, without first exhausting Landlord’s 's remedies against any other person or entity responsible therefore to Landlord, or any security held by Landlord.
12.2.5 (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Landlord’s 's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenant, 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 Landlord’s 's considering and processing said request. Tenant agrees to provide Landlord with such other or additional information and/or documentation as may be reasonably requested.
12.2.6 Tenant . Landlord shall reimburse Landlord upon demand for provide its reasonable attorney’s cost and fees relating written response to any Tenant's request for consent to an assignment or sublease not to exceed $1,250 per standard within fifteen (15) days following Landlord's receipt of Tenant's written request, all required information and the required fee.
12.2.7 (f) Any assignee of, or 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 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 Landlord has specifically consented to in writing.
12.2.8 Landlord’s consent to any assignment or subletting shall not transfer to the assignee or subtenant any Option granted to the original Tenant by this Lease unless such transfer is specifically consented to by Landlord in writing.with
Appears in 1 contract
Sources: Standard Industrial/Commercial Lease Agreement (Intuit Inc)
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of LandlordAuthority’s consent, no assignment any Assignment or subletting shall: sublease shall not (i) be effective without the express written assumption by such assignee or subtenant sublessee of the obligations of Tenant Lessee under this Lease, (ii) release Tenant Lessee of any obligations hereunder, or hereunder nor (iii) alter the primary liability of Tenant Lessee for the payment of Base Rent and other sums due Authority hereunder or for the performance of any other obligations to be performed by TenantLessee under this Lease.
12.2.2 Landlord (b) Authority may accept Rent any rent or performance of TenantLessee’s obligations from any person other than Tenant 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 any rent for performance shall constitute a waiver or estoppel of LandlordAuthority’s right to exercise its remedies for Tenant’s Default the default by Lessee of any of the terms, covenants or Breachconditions of this Lease.
12.2.3 Landlord’s (c) The consent of Authority to any assignment 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. However, Authority may consent to subsequent assignments or subletting of a sublease or any amendments or modifications thereto without notifying Lessee or anyone else liable under this Lease or the sublease and without obtaining their consent and such action shall not release such persons from liability under this Lease or the sublease.
12.2.4 (d) In the event of any Default or Breach by Tenantdefault of Lessee’s obligations under this Lease, Landlord Authority may proceed directly against TenantLessee, any Guarantors or anyone else responsible for the performance of TenantLessee’s obligations under this Lease, including any assignee or subtenantsublessee, without first exhausting LandlordAuthority’s remedies against any other person or entity responsible therefore to LandlordAuthority, or any security held by LandlordAuthority.
12.2.5 (e) Each request for consent to an assignment Assignment or subletting subletting, where required, shall be in writing, accompanied by information relevant to LandlordAuthority’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenant, 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 Landlord’s considering and processing said requestsublessee. Tenant Lessee agrees to provide Landlord Authority with such other or additional information and/or documentation as may be reasonably requestedrequested by Authority.
12.2.6 Tenant shall reimburse Landlord upon demand for (f) Except as permitted pursuant to Subparagraph 18.1 (c), an Assignment or subletting without the consent of Authority shall, at Authority’s option, determined in its reasonable attorney’s cost sole and fees relating absolute discretion, be a default curable after notice pursuant to any request for consent to an assignment or sublease not to exceed $1,250 per standard request.
12.2.7 Any assignee ofSubparagraph 19.1 (c), or subtenant under, this Lease shall, by reason a non-curable default without the necessity of accepting any notice and grace period. If Authority elects to treat 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 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 Landlord has specifically consented to in writing.
12.2.8 Landlord’s consent to any assignment unapproved Assignment or subletting shall not transfer to as a non-curable default, Authority may terminate the assignee or subtenant any Option granted to the original Tenant by this Lease unless such transfer is specifically consented to by Landlord in writingLease.
Appears in 1 contract
Sources: Hangar Land Lease Agreement
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of Landlord’s consentconsent or whether such consent is required under this Lease, no any assignment or subletting shallshall not: (i) be effective without the express written assumption by such assignee or subtenant of the obligations of Tenant under this Lease, (ii) release Tenant of any obligations hereunder, or (iii) alter the primary liability of Tenant for the payment of Rent or for the performance of any other obligations to be performed by Tenant.
12.2.2 (b) Landlord may accept Rent or performance of Tenant’s obligations from any person other than 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 Landlord’s right to exercise its remedies for Tenant’s Default or Breach.
12.2.3 (c) Landlord’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
12.2.4 (d) In the event of any Default or Breach by Tenant, Landlord may proceed directly against Tenant, any Guarantors Tenant or anyone else responsible for the performance of Tenant’s obligations under this Lease, including any assignee or subtenant, without first exhausting Landlord’s remedies against any other person or entity responsible therefore to Landlord, or any security held by Landlord.
12.2.5 (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Landlord’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenant, 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 Landlord’s considering and processing said request. Tenant agrees to provide Landlord with such other or additional information and/or documentation as may be reasonably requested.
12.2.6 . Tenant shall reimburse Landlord upon demand for its all reasonable attorney’s cost and fees relating to out of pocket costs actually incurred by Landlord in connection with the consideration of any request for consent to an assignment or sublease not to exceed $1,250 per standard request, including attorneys’ fees.
12.2.7 (f) Any assignee of, or 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 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 Landlord has specifically consented to in writing.
12.2.8 Landlord’s consent to any assignment or subletting shall not transfer to the assignee or subtenant any Option granted to the original Tenant by this Lease unless such transfer is specifically consented to by Landlord in writing.
Appears in 1 contract
Sources: Lease (Replidyne Inc)
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of Landlord’s Lessor's consent, no assignment or subletting shall: (i) be effective without the express written assumption by such assignee or subtenant sublessee of the obligations of Tenant Lessee under this Lease, (ii) release Tenant Lessee of any obligations hereunder, or (iii) alter the primary liability of Tenant Lessee for the payment of Rent or for the performance of any other obligations to be performed by TenantLessee, (iv) release the Guarantor, if any, of any obligations hereunder, or (v) be effective without the express written acknowledgment by Guarantor of its continuing obligations under the Guaranty, if any.
12.2.2 Landlord (b) Lessor may accept Rent or performance of Tenant’s Lessee's obligations from any person other than Tenant 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 Landlord’s Lessor's right to exercise its remedies for Tenant’s Lessee's Default or Breach.
12.2.3 Landlord’s (c) Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
12.2.4 (d) In the event of any Default or Breach by TenantLessee, Landlord Lessor may proceed directly against TenantLessee, any Guarantors or anyone else responsible for the performance of Tenant’s Lessee's obligations under this Lease, including any assignee or subtenantsublessee, without first exhausting Landlord’s Lessor's remedies against any other person or entity responsible therefore therefor to LandlordLessor, or any security held by LandlordLessor.
12.2.5 (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Landlord’s Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenantsublessee, 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 Landlord’s Lessor's considering and processing said request. Tenant Lessee agrees to provide Landlord Lessor with such other or additional information and/or documentation as may be reasonably requested.
12.2.6 Tenant requested (see also Paragraph 36). Whether or not Lessor shall reimburse Landlord upon demand for its grant consent, Lessee shall pay all reasonable attorney’s cost attorneys’ fees and fees relating to costs incurred by Lessor in connection with reviewing, approving, drafting, and consummating, if applicable, any request for consent to an assignment or sublease not to exceed $1,250 per standard requestrequested by Lessee.
12.2.7 (f) Any assignee of, or subtenant 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 Tenant 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 Landlord Lessor has specifically consented to in writing. Lessee shall provide any assignee or sublessee with a complete copy of this Lease and a copy of all Rules and Regulations in effect at the time of said assignment or sublease.
12.2.8 Landlord’s (g) Lessor's consent to any assignment or subletting shall not transfer to the assignee or subtenant sublessee any Option granted to the original Tenant Lessee by this Lease unless such transfer is specifically consented to by Landlord Lessor in writing.. (See also Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (SMART Modular Technologies (WWH), Inc.)
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of Landlord’s Lessor's consent, no assignment or subletting shall: (i) be effective without the express written assumption by such assignee shall release Lessee of Lessee's obligations hereunder or subtenant of the obligations of Tenant under this Lease, (ii) release Tenant of any obligations hereunder, or (iii) alter the primary liability of Tenant for Lessee to pay the payment rent and other sums due Lessor hereunder including Lessee's Share of Rent or for the performance of any Operating Expense Increase, and to perform all other obligations to be performed by TenantLessee hereunder.
12.2.2 Landlord (b) Lessor may accept Rent or performance of Tenant’s obligations rent from any person other than Tenant Lessee pending approval or disapproval disapproved of an such assignment. .
(c) Neither a delay in the approval or disapproval of such assignment or subletting, nor the acceptance of Rent or performance rent, shall constitute a waiver or estoppel of Landlord’s Lessor's right to exercise its remedies for Tenant’s Default the breach of any of the terms or Breachconditions of this paragraph 12 or this Lease.
12.2.3 Landlord’s (d) If Lessee's obligations under this Lease have been guaranteed by third parties, then an assignment or sublease, and Lessor's consent thereto, shall not be effective unless said guarantors give their written consent to such sublease and the terms thereof.
(e) The consent by Lessor to any assignment or subletting shall not constitute consent to any subsequent assignment or sublettingsubletting by Lessee or to any subsequent or successive assignment or subletting by the sublessee. However, Lessor may consent to subsequent sublettings and assignments of the sublease or any amendments or modifications thereto without notifying Lessee or anyone else liable on the Lease or sublease and without obtaining their consent and such action shall not relieve such persons from liability under this Lease or said sublease; however, such persons shall not be responsible to the extent any such amendment or modification enlarges or increases the obligations of the Lessee or sublessee under this Lease or such sublease.
12.2.4 (f) In the event of any Default or Breach by Tenantdefault under this Lease, Landlord Lessor may proceed directly against TenantLessee, any Guarantors guarantors or anyone any one else responsible for the performance of Tenant’s obligations under this Lease, including any assignee or subtenantthe sublessee, without first exhausting Landlord’s Lessor's remedies against any other person or entity responsible therefore therefor to LandlordLessor, or any security held by LandlordLessor or Lessee.
12.2.5 Each request for (g) Lessor's written consent to any assignment or subletting of the Premises by Lessee shall not constitute an acknowledgement that no default then exists under this Lease of the obligations to be performed by Lessee nor shall such consent be deemed a waiver of any then existing default, except as may be otherwise stated by Lessor at the time.
(h) The discovery of the fact that any financial statement relied upon by Lessor in giving its consent to an assignment or subletting shall be in writing, accompanied by information relevant to Landlord’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenant, 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 Landlord’s considering and processing said request. Tenant agrees to provide Landlord with such other or additional information and/or documentation as may be reasonably requested.
12.2.6 Tenant shall reimburse Landlord upon demand for its reasonable attorney’s cost and fees relating to any request for consent to an assignment or sublease not to exceed $1,250 per standard request.
12.2.7 Any assignee of, or subtenant under, this Lease was materially false shall, by reason of accepting such assignmentat Lessor's election, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed render Lessor's said consent null and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by 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 Landlord has specifically consented to in writingvoid.
12.2.8 Landlord’s consent to any assignment or subletting shall not transfer to the assignee or subtenant any Option granted to the original Tenant by this Lease unless such transfer is specifically consented to by Landlord in writing.
Appears in 1 contract
Sources: Sublease Agreement (Intervu Inc)
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 13.2.1 Regardless of LandlordLessor’s consent, no assignment or subletting shall: (i) be effective without the express written assumption by such assignee or subtenant sublessee of the obligations of Tenant Lessee under this Lease, (ii) release Tenant Lessee of any obligations hereunder, or (iii) alter the primary liability responsibility of Tenant Lessee for the payment of Rent or for the performance of any other obligations to be performed by TenantLessee.
12.2.2 Landlord 13.2.2 Lessor may accept Rent or performance of TenantLessee’s obligations from any person other than Tenant 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 LandlordLessor’s right to exercise its remedies for TenantLessee’s Default or Breach.
12.2.3 Landlord13.2.3 Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
12.2.4 13.2.4 In the event of any Default or Breach by TenantLessee, Landlord Lessor may proceed directly against Tenant, any Guarantors Lessee or anyone else responsible for the performance of TenantLessee’s obligations under this Lease, including any assignee or subtenantsublessee, without first exhausting LandlordLessor’s remedies against any other person or entity responsible therefore therefor to LandlordLessor, or any security held by LandlordLessor.
12.2.5 13.2.5 Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to LandlordLessor’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenantsublessee, 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 LandlordLessor’s considering and processing said request. Tenant Lessee agrees to provide Landlord Lessor with such other or additional information and/or documentation as may be reasonably requested.. (See also Section 20.18)
12.2.6 Tenant shall reimburse Landlord upon demand for its reasonable attorney’s cost and fees relating to any request for consent to an assignment or sublease not to exceed $1,250 per standard request.
12.2.7 13.2.6 Any assignee of, or subtenant 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 Tenant 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 Landlord Lessor has specifically consented to in writing.
12.2.8 Landlord13.2.7 Lessor’s consent to any assignment or subletting shall not transfer to the assignee or subtenant sublessee any Option granted to the original Tenant Lessee by this Lease unless such transfer is specifically consented to by Landlord Lessor in writing. (See Section 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 1 contract
Sources: Industrial/Commercial Multi Tenant Lease (Vital Therapies Inc)
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of Landlord’s 's consent, no any assignment or subletting shall: (i) be effective without the express written assumption by such assignee or subtenant of the obligations of Tenant under this Lease, (ii) shall not release Tenant of any obligations hereunder, or (iii) alter the primary liability of Tenant for the payment of Rent or for the performance of any other obligations to be performed by Tenant.
12.2.2 (b) Landlord may accept Rent or performance of Tenant’s 's obligations from any person other than Tenant pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the No acceptance of Rent or performance shall constitute a waiver or estoppel of Landlord’s 's right to exercise its remedies for Tenant’s 's Default or BreachBreach (as defined in Paragraph 13.1 below).
12.2.3 (c) Landlord’s 's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
12.2.4 In the event of any Default or Breach by Tenant, Landlord may proceed directly against Tenant, any Guarantors or anyone else responsible for the performance of Tenant’s obligations under this Lease, including any assignee or subtenant, without first exhausting Landlord’s remedies against any other person or entity responsible therefore to Landlord, or any security held by Landlord.
12.2.5 (d) Each request for Landlord's consent to an assignment or subletting a Consent Transfer shall be in writing, accompanied by reasonable customary information relevant to Landlord’s determination as to including, without limitation, information regarding the financial and operational responsibility and appropriateness of the proposed assignee or subtenant, including but not limited subtenant accompanied by a term sheet or other written description of the primary economic terms of the proposed Consent Transfer ("Transfer Notice"). Tenant shall promptly provide a copy of the sublease or assignment documents to Landlord upon execution thereof.
(e) Notwithstanding any provision of this Lease to the intended use and/or required modification contrary, (i) Landlord may not withhold its consent to any Consent Transfer on the basis of (A) the economic terms of the Premises, if any, together with a fee of $500 as consideration for Landlord’s considering and processing said request. Tenant agrees to provide Landlord with such other or additional information and/or documentation as may be reasonably requested.
12.2.6 Tenant shall reimburse Landlord upon demand for its reasonable attorney’s cost and fees proposed Consent Transfer except relating to the transferee's financial condition or (B) the fact that the terms of the Consent Transfer shall permit further subleasing, subject to compliance with the provisions of this Paragraph 12 and (ii) any request for Landlord's consent to an assignment or sublease not a Consent Transfer conforming to exceed $1,250 per standard requestthe provisions of Paragraph 12.2(d) with respect to which no written response from Landlord is received by Tenant within ten (10) days following submission to Landlord by Tenant of such request for consent (and accompanying information described in clause (d) above) shall conclusively be deemed approved and consented to by Landlord.
12.2.7 Any assignee of, or subtenant under, (f) Notwithstanding any provision of this Lease shallto the contrary, by reason in no case shall Landlord be permitted (or have the right to require Tenant to agree to allow Landlord) (as a condition of accepting such assignment, entering into such sublease, its consent to a Consent Transfer or entering into possession otherwise) to physically recapture any space proposed to be sublet or assigned or to share in any of the Premises proceeds or profits of 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 Tenant during the term of said such assignment or sublease.
(g) If Landlord consents to any proposed Consent Transfer pursuant to the terms of this Paragraph 12, other Tenant may within six (6) months after Landlord's consent, but not later than the expiration of said six-month period, enter into such obligations Consent Transfer upon substantially the same terms and conditions as are contrary set forth in the Transfer Notice furnished by Tenant to or inconsistent with provisions of an Landlord requesting Landlord's consent to such assignment or sublease subletting, provided that if there are any material changes in the terms and conditions from those specified in such notice such that Landlord would initially have been entitled to which Landlord has specifically consented to in writing.
12.2.8 Landlord’s refuse its consent to any such assignment or subletting under this Paragraph 12, Tenant shall not transfer again submit the assignment or subletting to the assignee or subtenant any Option granted to the original Tenant by this Lease unless such transfer is specifically consented to by Landlord in writingfor its approval, under Paragraph 12.2.
Appears in 1 contract
Sources: Industrial/Commercial Lease (Factory 2 U Stores Inc)
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 15.2.1 Regardless of Landlord’s 's consent, no any assignment or subletting shallshall not: (i) be effective without the express written assumption by such assignee or subtenant of the obligations of Tenant under this Lease, (ii) release Tenant of any obligations hereunderhereunder or any guarantor of any obligations under the Guaranty, or (iii) alter the primary liability of Tenant for the payment of Rent or for the performance of any other obligations to be performed by Tenant.
12.2.2 15.2.2 Landlord may accept Rent or performance of Tenant’s 's obligations from any person other than 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 Landlord’s 's right to exercise its remedies for Tenant’s Default 's violation of any term or Breachprovision of this Lease.
12.2.3 15.2.3 Landlord’s 's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
12.2.4 In the event of any Default or Breach by Tenant, Landlord may proceed directly against Tenant, any Guarantors or anyone else responsible for the performance of Tenant’s obligations under this Lease, including any assignee or subtenant, without first exhausting Landlord’s remedies against any other person or entity responsible therefore to Landlord, or any security held by Landlord.
12.2.5 15.2.4 Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Landlord’s 's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenant, 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 Landlord’s considering and processing said requestsubtenant ("Request"). Tenant agrees to provide Landlord with such other or additional information and/or documentation as may be reasonably requested.
12.2.6 Tenant shall reimburse Landlord upon demand for its reasonable attorney’s cost and fees relating to any request for consent to an assignment or sublease not to exceed $1,250 per standard request.
12.2.7 15.2.5 Any assignee of, or subtenant 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 term, covenant, condition and obligation herein to be observed or performed by 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 Landlord has specifically consented to in writing.
12.2.8 Landlord’s consent to any assignment or subletting shall not transfer to the assignee or subtenant any Option granted to the original Tenant by this Lease unless such transfer is specifically consented to by Landlord in writing.
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Lessee may assign the Lease or sublease the Premises only after first obtaining Lessor’s prior written consent, which consent will not be unreasonably withheld, conditioned or delayed by Lessor. Regardless of LandlordLessor’s consent, no assignment or subletting shall: (i) be effective without the express written assumption by such assignee or subtenant sublessee of the obligations of Tenant Lessee under this Lease, (ii) release Tenant Lessee of any obligations hereunder, or (iii) alter the primary liability of Tenant Lessee for the payment of Rent or for the performance of any other obligations to be performed by TenantLessee.
12.2.2 Landlord (b) Lessor may accept Rent or performance of TenantLessee’s obligations from any person other than Tenant 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 LandlordLessor’s right to exercise its remedies for TenantLessee’s Default or Breach.
12.2.3 Landlord(c) Lessor’s consent to any assignment or subletting shall not constitute consent to any subsequent assignment or subletting.
12.2.4 (d) In the event of any Default or Breach by TenantLessee (which is not cured within any applicable notice and cure period), Landlord Lessor may proceed directly against TenantLessee, any Guarantors or anyone else responsible for the performance of TenantLessee’s obligations under this Lease, including any assignee or subtenantsublessee, without first exhausting LandlordLessor’s remedies against any other person or entity responsible therefore to LandlordLessor, or any security held by LandlordLessor.
12.2.5 (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to LandlordLessor’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenantsublessee, 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 LandlordLessor’s considering and processing said request. Tenant Lessee agrees to provide Landlord Lessor with such other or additional information and/or documentation as may be reasonably requested.. (See also Paragraph 36)
12.2.6 Tenant shall reimburse Landlord upon demand for its reasonable attorney’s cost and fees relating to any request for consent to an assignment or sublease not to exceed $1,250 per standard request.
12.2.7 (f) Any assignee of, or subtenant 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 Tenant 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 Landlord Lessor has specifically consented to in writing.
12.2.8 Landlord(g) Lessor’s consent to any assignment or subletting shall not transfer to the assignee or subtenant sublessee any Option granted to the original Tenant Lessee by this Lease unless such transfer is specifically consented to by Landlord Lessor in writing.. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease Net (Torotel Inc)
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of LandlordLessor’s consent, no any assignment or subletting shallshall not: (i) be effective without the express written assumption by such assignee or subtenant sublessee of the obligations of Tenant Lessee under this Lease, (ii) release Tenant Lessee of any obligations hereunder, or (iii) alter the primary liability of Tenant Lessee for the payment of Rent or for the performance of any other obligations to be performed by TenantLessee, unless Lessee is specifically released from liability in writing by Lessor.
12.2.2 Landlord (b) Lessor may accept Rent or performance of TenantLessee’s obligations from any person other than Tenant 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 LandlordLessor’s right to exercise its remedies for Tenant’s Default or Breachupon an Event of Default.
12.2.3 Landlord(c) Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
12.2.4 (d) In the event of any Event of Default or Breach by TenantLessee, Landlord Lessor may proceed directly against Tenant, any Guarantors Lessee or anyone else responsible for the performance of TenantLessee’s obligations under this Lease, including any assignee or subtenantsublessee, without first exhausting LandlordLessor’s remedies against any other person or entity responsible therefore to LandlordLessor, or any security held by LandlordLessor.
12.2.5 (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to LandlordLessor’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenantsublessee, 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 Landlord’s considering and processing said request. Tenant Lessee agrees to provide Landlord Lessor with such other or additional information and/or documentation as may be reasonably requested. Lessee shall reimburse Lessor for all reasonable out of pocket costs actually incurred by Lessor in connection with the consideration of any request, including attorneys’ fees up to a maximum of $2,000 per requested assignment or sublease.
12.2.6 Tenant shall reimburse Landlord upon demand for its reasonable attorney’s cost and fees relating to any request for consent to an assignment or sublease not to exceed $1,250 per standard request.
12.2.7 (f) Any assignee of, or subtenant 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 Tenant 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 Landlord Lessor has specifically consented to in writing.
12.2.8 Landlord’s consent to any assignment or subletting shall not transfer to the assignee or subtenant any Option granted to the original Tenant by this Lease unless such transfer is specifically consented to by Landlord in writing.
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of LandlordLessor’s consent, no assignment or subletting shall: (i) be effective without the express written assumption by such assignee or subtenant sublessee of the obligations of Tenant Lessee under this Lease, (ii) release Tenant Lessee of any obligations hereunder, or (iii) alter the primary liability of Tenant Lessee for the payment of Rent or for the performance of any other obligations to be performed by TenantLessee, (iv) release the Guarantor, if any, of any obligations hereunder, or (v) be effective without the express written acknowledgment by Guarantor of its continuing obligations under the Guaranty, if any.
12.2.2 Landlord (b) Lessor may accept Rent or performance of TenantLessee’s obligations from any person other than Tenant 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 LandlordLessor’s right to exercise its remedies for TenantLessee’s Default or Breach.
12.2.3 Landlord(c) Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
12.2.4 (d) In the event of any Default or Breach by TenantLessee, Landlord Lessor may proceed directly against TenantLessee, any Guarantors or anyone else responsible for the performance of TenantLessee’s obligations under this Lease, including any assignee or subtenantsublessee, without first exhausting LandlordLessor’s remedies against any other person or entity responsible therefore therefor to LandlordLessor, or any security held by LandlordLessor.
12.2.5 (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to LandlordLessor’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenantsublessee, 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 LandlordLessor’s considering and processing said request. Tenant Lessee agrees to provide Landlord Lessor with such other or additional information and/or documentation as may be reasonably requested.
12.2.6 Tenant requested (see also Paragraph 36). Whether or not Lessor shall reimburse Landlord upon demand for its grant consent, Lessee shall pay all reasonable attorney’s cost attorneys’ fees and fees relating to costs incurred by Lessor in connection with reviewing, approving, drafting, and consummating, if applicable, any request for consent to an assignment or sublease not to exceed $1,250 per standard requestrequested by Lessee.
12.2.7 (f) Any assignee of, or subtenant 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 Tenant 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 Landlord Lessor has specifically consented to in writing. Lessee shall provide any assignee or sublessee with a complete copy of this Lease and a copy of all Rules and Regulations in effect at the time of said assignment or sublease.
12.2.8 Landlord(g) Lessor’s consent to any assignment or subletting shall not transfer to the assignee or subtenant sublessee any Option granted to the original Tenant Lessee by this Lease unless such transfer is specifically consented to by Landlord Lessor in writing.. (See also Paragraph 39.2)
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease Net (SMART Global Holdings, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of LandlordLessor’s consent, no assignment or subletting shall: (i) shall be effective without the express written assumption by such assignee or subtenant sublessee of the obligations of Tenant Lessee under this Lease, (ii) release Tenant Lease with respect to the portion of any obligations hereunder, the Premises assigned or (iii) alter the primary liability of Tenant for the payment of Rent or for the performance of any other obligations to be performed by Tenantsubleased.
12.2.2 Landlord (b) Lessor may accept Rent rent or performance of TenantLessee’s obligations from any person other than Tenant 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 LandlordLessor’s right to exercise its remedies for TenantLessee’s Default or Breach. In the event Lessor does not consent to an assignment or sublease within fifteen (15) business days after Lessee’s request, then Lessor shall be deemed to have consented to said sublease or assignment.
12.2.3 Landlord(c) Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
12.2.4 (d) In the event of any Default or Breach by TenantLessee, Landlord Lessor may proceed directly against TenantLessee, any Guarantors or anyone else responsible for the performance of Tenantthe Lessee’s obligations under this Lease, including any assignee or subtenantsublessee, without first exhausting LandlordLessor’s remedies against any other person or entity responsible therefore therefor to LandlordLessor, or any security held by LandlordLessor.
12.2.5 (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to LandlordLessor’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenantsublessee, 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 LandlordLessor’s considering and processing said request. Tenant Lessee agrees to provide Landlord Lessor with such other or additional information and/or documentation as may be reasonably requested.
12.2.6 Tenant shall reimburse Landlord upon demand for its reasonable attorney’s cost and fees relating to any request for consent to an assignment or sublease not to exceed $1,250 per standard request.
12.2.7 (f) Any assignee of, or subtenant 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 Tenant 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 Landlord Lessor has specifically consented to in writing.
12.2.8 Landlord(g) Lessor’s consent to any assignment or subletting shall not transfer to the assignee or subtenant sublessee any Option granted to the original Tenant Lessee by this Lease unless such transfer is specifically consented Lease.
(h) Lessor shall execute documents reasonably required or requested by Lessee to by Landlord in writingrecognize a permitted assignment or sublease, subject to applicable Lessor approvals, without further conditions.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Chromavision Medical Systems Inc)
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of Landlord’s Lessors consent, no assignment or subletting shall: (i) be effective without the express written assumption by such assignee or subtenant sublessee of the obligations of Tenant Lessee under this Lease, (ii) release Tenant Lessee of any obligations hereunder, or (iii) alter the primary liability of Tenant Lessee for the payment of Rent or for the performance of any other obligations to be performed by TenantLessee.
12.2.2 Landlord (b) Lessor may accept Rent or performance of Tenant’s Lessees obligations from any person other than Tenant 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 Landlord’s Lessors right to exercise its remedies for Tenant’s Lessees Default or Breach.
12.2.3 Landlord’s (c) Lessors consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
12.2.4 (d) In the event of any Default or Breach by TenantLessee, Landlord Lessor may proceed directly against TenantLessee, any Guarantors or anyone else responsible for the performance of Tenant’s Lessees obligations under this Lease, including any assignee or subtenantsublessee, without first exhausting Landlord’s Lessors remedies against any other person or entity responsible therefore to LandlordLessor, or any security held by LandlordLessor.
12.2.5 (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Landlord’s Lessors determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenantsublessee, 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 LandlordLessor’s considering and processing said request. Tenant Lessee agrees to provide Landlord Lessor with such other or additional information and/or documentation as may be reasonably requested.. (See also Paragraph 36)
12.2.6 Tenant shall reimburse Landlord upon demand for its reasonable attorney’s cost and fees relating to any request for consent to an assignment or sublease not to exceed $1,250 per standard request.
12.2.7 (f) Any assignee of, or subtenant 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 Tenant 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 Landlord Lessor has specifically consented to in writing.
12.2.8 Landlord’s (g) Lessors consent to any assignment or subletting shall not transfer to the assignee or subtenant sublessee any Option granted to the original Tenant Lessee by this Lease unless such transfer is specifically consented to by Landlord Lessor in writing.. (See Paragraph 39.2)
Appears in 1 contract
Sources: Standard Multi Tenant Office Lease (Icon Vapor, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. 12.2.1 (a) Regardless of Landlord’s Lessors consent, no any assignment or subletting shallshall not: (i) be effective without the express written assumption by such assignee or subtenant sublessee of the obligations of Tenant Lessee under this Lease, ; (ii4) release Tenant Lessee of any obligations hereunder, : or (iiiN) alter after the primary liability of Tenant Lessee for the payment of Rent or for the performance of any other obligations to be performed by TenantLessee.
12.2.2 Landlord (b) Lessor may accept Rent or performance Performance of Tenant’s Lessee's obligations from any person other than Tenant 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 Landlord’s Lessor's right to exercise its Re remedies for Tenant’s Lessees Default or Breach.
12.2.3 Landlord’s (c) Lessors consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
12.2.4 (d) In the event of any Default or Breach by TenantLessee, Landlord Lessor may proceed directly against TenantLessee, any Guarantors or anyone else responsible for the performance of Tenant’s Lessee's obligations under this Lease, including any assignee or subtenantsublessee, without first exhausting Landlord’s Lessor's remedies against any other person or entity responsible therefore to LandlordLessor, or any security held by LandlordLessor.
12.2.5 (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Landlord’s Lessors determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenantsublessee, including but not limited to the intended use and/or and for required modification of the Premises, if any, it 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 Landlord’s Lessors considering and processing said request. Tenant , Lessee agrees to provide Landlord Lessor with such other or additional information and/or documentation as may be reasonably requested.
12.2.6 Tenant shall reimburse Landlord upon demand for its reasonable attorney’s cost and fees relating to any request for consent to an assignment or sublease not to exceed $1,250 per standard request.
12.2.7 . M Any assignee of, or subtenant 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 haw assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Tenant 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 Landlord Lessor has specifically consented to in writing.
12.2.8 Landlord’s consent to any assignment or subletting shall not transfer to the assignee or subtenant any Option granted to the original Tenant by this Lease unless such transfer is specifically consented to by Landlord in writing.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Singing Machine Co Inc)