Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor'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, nor (iii) alter the primary liability to 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 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 for performance shall constitute a waver or estoppel of Lessor's right to exercise its remedies for the Default or Breach by Lessee of any of the terms, covenants or conditions of this Lease. (c) The Consent of Lessor to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting 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 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 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 deposit of $1,000 to be applied to Lessor's reasonable legal fees incurred in considering and processing the request for consent. Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested by Lessor. (f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment or entering into such sublease, be deemed, for the benefit of Lessor, 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 in writing,
Appears in 1 contract
Sources: Industrial/Commercial Multi Tenant Lease (Creative Computers Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) 1. Regardless of Lessor's ’s consent, any no assignment or subletting shall not 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, nor ; or (iii) alter the primary liability to 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 any rent or performance of Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment2. Neither a delay in the approval or disapproval of such assignment nor the acceptance of any rent for performance shall constitute a waver or estoppel of Lessor's right to exercise its remedies for the Default or Breach by Lessee of any of the terms, covenants or conditions of this Lease.
(c) The Consent consent of Lessor to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting 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 of Lessee's obligation under this Lease. However, Lessor may proceed directly against Lessee, consent to subsequent sublettings and assignments of the sublease or any Guarantors amendments or modifications thereto without notifying Lessee or anyone else responsible for liable on the performance of the Lessee'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 sublessee, without first exhausting Lessor's remedies against any other person Lease or entity responsible therefor to Lessor, or any security held by Lessorsublease.
(e) 3. 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 deposit of $1,000 to be applied to Lessor's reasonable legal fees incurred in considering and processing the request for consentReal Property. Lessee agrees to shall provide Lessor with such other or additional information and/or and documentation as may be reasonably requested by Lessor.
4. Lessee acknowledges and agrees that, among other grounds upon which Lessor could reasonably withhold consent to a proposed assignment or subletting, it shall be reasonable for Lessor to withhold consent where: (fi) Any the proposed assignee ofor 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 sublessee underthe reputation of the proposed assignee or sublessee, this Lease shall, by reason or the character of accepting such assignment or entering into such sublease, be deemed, for the benefit of Lessor, to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein business to be observed conducted by the proposed assignee or performed by Lessee during sublessee at the term 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 said assignment this Lease; or sublease, other than such obligations as are contrary to or inconsistent with provisions of an (iv) Lessor otherwise determines that the proposed assignment or sublease to which Lessor has specifically consented in writing,would have the effect of decreasing the value of the Real Property or increasing the expenses associated with operating, maintaining and repairing the Real Property.
Appears in 1 contract
Sources: Lease Agreement (Standard Gold)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, any assignment or subletting shall not 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, nor ; or (iii) alter the primary liability to 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 LeaseLessee.
(b) Lessor may accept any rent 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 for Rent or performance shall constitute a waver waiver or estoppel of Lessor's right to exercise its remedies for the Lessee's Default or Breach by Lessee of any of the terms, covenants or conditions of this LeaseBreach.
(c) The Consent of Lessor Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting by Lessee or to any subsequent or successive assignment or subletting by the assignee or sublesseesubletting.
(d) In the event of any Default or Breach of by 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 therefore to Lessor, or any security held by Lessor.
(e) Each request for consent to an assignment or subletting subletting, whether or not in Lessee's opinion Lessor's consent is required, 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 deposit fee of $1,000 or ten percent (10%) of the current monthly Base Rent applicable to be applied to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is greater, as consideration for Lessor's reasonable legal fees incurred in considering and processing the request for consentsaid request. Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested by Lessorrequested.
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment or entering into such sublease, be deemed, for the benefit of Lessor, 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,.
Appears in 1 contract
Sources: Lease (Cupertino Electric Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) 13.2.1 Regardless of Lessor's consent, any no assignment or subletting shall not (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, nor or (iii) alter the primary liability to responsibility 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 LeaseLessee.
(b) 13.2.2 Lessor may accept any rent 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 for Rent or performance shall constitute a waver waiver or estoppel of Lessor's right to exercise its remedies for the Lessee's Default or Breach by Lessee of any of the terms, covenants or conditions of this LeaseBreach.
(c) The Consent of Lessor 13.2.3 Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting by Lessee or to any subsequent or successive assignment or subletting by the assignee or sublesseesubletting.
(d) 13.2.4 In the event of any Default or Breach of by Lessee's obligation under this Lease, Lessor may proceed directly against Lessee, any Guarantors Lessee 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) 13.2.5 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 deposit fee of $1,000 to be applied to 500 as consideration for Lessor's reasonable legal fees incurred in considering and processing the request for consentsaid request. Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested by Lessor.requested. (See also Section 20.18)
(f) 13.2.6 Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment or assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed, for the benefit of Lessor, 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,.
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 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. (a) Regardless of Lessor's consent, any assignment or subletting shall not 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, nor ; or (iii) alter the primary liability to 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 LeaseLessee.
(b) Lessor may accept any rent 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 for Rent or performance shall constitute a waver waiver or estoppel of Lessor's right to exercise its remedies for the Default or Breach by Lessee of any of the terms, covenants or conditions of this LeaseLessee's Breach.
(c) The Consent of Lessor Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting by Lessee or to any subsequent or successive assignment or subletting by the assignee or sublesseesubletting.
(d) In the event of any Default or Breach of by 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 but not limited to the intended use and/or required modification of the Premises, if any, together with a deposit fee of $1,000 2,500 or ten percent (10%) of the current monthly Base Rent applicable to be applied to the portion of the Premises which is the subject of the proposed assignment or sublease, whichever is less, as consideration for Lessor's reasonable legal fees incurred in considering and processing the request for consentsaid request. Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested by Lessor.requested. EXHIBIT 3.5 - continued
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment or entering into such sublease, be deemed, for the benefit of Lessor, 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,.
Appears in 1 contract
Sources: Building Lease (Sew Cal Logo Inc)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, any assignment or subletting shall not 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, nor or (iii) alter the primary liability to 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 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 for or performance shall constitute a waver waiver or estoppel of Lessor's right to exercise its remedies for the Default or Breach by Lessee of any of the terms, covenants or conditions of this Lease.
(c) The Consent consent of Lessor to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting 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 of Lessee's obligation obligations under this Lease, 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 the sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by LessorLessor or Lessee.
(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 deposit of $1,000 to be applied to Lessor's reasonable legal fees incurred in considering and processing the request for consent. Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested by Lessor.
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment or entering into such sublease, be deemed, for the benefit of Lessor, 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 in writing,.
(g) Deleted.
(h) Deleted.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (Intertrust Technologies Corp)
Terms and Conditions Applicable to Assignment and Subletting. (aA) Regardless of Lessor's consent, any assignment 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, nor ; or (iii) alter the primary liability to 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 LeaseLessee.
(bB) Lessor may accept any rent 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 any rent for Rent or performance shall constitute a waver waiver or estoppel of Lessor's right to exercise its remedies for the Lessee's Default or Breach by Lessee of any of the terms, covenants or conditions of this LeaseBreach.
(cC) The Consent of Lessor Lessor's consent to any assignment Assignment or subletting Subletting shall not constitute a consent to any subsequent assignment Assignment or subletting by Lessee or to any subsequent or successive assignment or subletting by the assignee or sublesseeSubletting.
(dD) In the event of any Default or Breach of by 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 sublesseeAssignee 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.
(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 deposit fee of $1,000 to be applied to 500.00 as consideration for Lessor's reasonable legal fees incurred in considering and processing the request for consentsaid request. Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested by Lessorrequested.
(fF) Any assignee Assignee of, or sublessee Sublessee under, this Lease shall, by reason of accepting such assignment Assignment or entering into such subleaseSublease, be deemed, for the benefit of Lessor, 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 in writing,.
Appears in 1 contract
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's Lessors consent, any no assignment or subletting shall not 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, nor or (iii) alter the primary liability to 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 LeaseLessee.
(b) Lessor may accept any rent Rent or performance of Lessee'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 any rent for Rent or performance shall constitute a waver waiver or estoppel of Lessor's Lessors right to exercise its remedies for the Lessees Default or Breach by Lessee of any of the terms, covenants or conditions of this LeaseBreach.
(c) The Consent of Lessor Lessors consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting by Lessee or to any subsequent or successive assignment or subletting by the assignee or sublesseesubletting.
(d) In the event of any Default or Breach of by 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 Lessees 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, together with a deposit fee of $1,000 to be applied to 500 as consideration for Lessor's reasonable legal fees incurred in ’s considering and processing the request for consentsaid request. Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested by Lessor.requested. (See also Paragraph 36)
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment or entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed, for the benefit of Lessor, 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) 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 1 contract
Sources: Standard Multi Tenant Office Lease (Icon Vapor, Inc.)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor'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, (iiif) release Lessee of any obligations hereunder, nor (iii) alter the primary liability to of Lessee for the payment of Base Rent and other sums due Lessor hereunder thereunder or for the performance of any other obligations to be performed by Lessee under this Lease.
(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 for performance shall constitute a waver waiver or estoppel of Lessor's right to exercise its remedies for the Default or Breach by Lessee of any of the terms, covenants or conditions of this Lease.
(c) The Consent consent of Lessor to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting by Lessee or to any subsequent or successive assignment or subletting by the assignee or sublesseesubleases.
(d) In the event of any Default or Breach 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 sublesseesubleases, 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 sublesseesubleases, including but not limited to the intended use and/or required modification of the Premises, if any, together with a non- refundable deposit of $1,000 to be applied to 1,000, as reasonable consideration for Lessor's reasonable legal fees incurred in considering and processing the request for consent. Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested by Lessor.
(f) Any assignee of, or sublessee subleases under, this Lease shall, by reason of accepting such assignment or entering into such sublease, be deemed, for the benefit of Lessor, 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 as it applies to the subleased premises 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 in writing,.
Appears in 1 contract
Sources: Standard Industrial/Commercial Net Lease (Spectrian Corp /Ca/)
Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, any assignment or subletting shall not 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, nor or (iii) alter the primary liability to 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 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 for or performance shall constitute a waver waiver or estoppel of Lessor's right to exercise its remedies for the Default or Breach by Lessee of any of the terms, covenants or conditions of this Lease.
(c) The Consent consent of Lessor to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting 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 of Lessee's obligation obligations under this Lease, 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 the sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by LessorLessor or Lessee.
(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 non-refundable deposit of $1,000 to be applied to or ten percent (10%) of the current monthly Base Rent, whichever is greater, as reasonable consideration for Lessor's reasonable legal fees incurred in considering and processing the request for consent. Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested by Lessor.
(f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment or entering into such sublease, be deemed, for the benefit of Lessor, 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 in writing,.
(g) The occurrence of a transaction described in Paragraph 12.1 shall give Lessor the right (but not the obligation) to require that Security Deposit be deposited with Lessor in an amount equal to three (3) times the monthly Base Rent and Lessor may make the actual receipt by Lessor of the amount required to establish such Security Deposit a condition to Lessor's consent to such transaction.
Appears in 1 contract
Sources: Lease Agreement (Guitar Center Inc)