Common use of Acceptance of Performance; No Waiver Clause in Contracts

Acceptance of Performance; No Waiver. If this Lease be assigned, or if the Premises or any part thereof be sublet occupied by anybody other than Tenant, Landlord may, after default by Tenant, collect the Rent from the assignee, subtenant, or occupant and apply the net amount collected to the Rent herein reserved, but no such assignment, subletting, occupancy or collection shall be deemed an acceptance of the assigned, subtenant or occupant as the Tenant hereof or constitute release of Tenant from further performance by Tenant of covenants on the part of Tenant herein contained. A sale by Tenant of all or substantially all of its assets or all or substantially all its stock, if Tenant is a publicly traded corporation, a merger of Tenant with another corporation, or the transfer of fifty percent (50%) or more of the beneficial ownership interests in a partnership tenant, without the prior written consent of Landlord, shall constitute a prohibited assignment hereunder. Consent by Landlord to any one assignment subletting shall not in any way be construed as relieving Tenant from obtaining the Landlord's express written consent to another assignment or subletting. Notwithstanding the consent of Landlord to an assignment or subletting, Tenant shall not be relieved from its primary obligations hereunder to Landlord, including but not limited to the Tenant's pro rata share of increases in Taxes and Operating Expenses and the Additional Rent. Landlord's consent to a requested subletting or assignment shall not waive Landlord right to refuse to consent to any other such request.

Acceptance of Performance; No Waiver. If this Lease be assigned, or if the Leased Premises or any part thereof be sublet or occupied by anybody other than Tenant, Landlord may, after the occurrence of any default by Tenantunder this Lease, collect the Rent from the assignee, subtenant, or occupant and apply the net amount collected to the Rent herein reserved, but no such assignment, subletting, occupancy or collection shall be deemed an acceptance of the assignedassignee, subtenant or occupant as the Tenant hereof hereof, or constitute a release of Tenant from further performance by Tenant of all covenants on the part of Tenant herein contained. A Unless otherwise permitted below in Section 14.4, a sale by Tenant of all or substantially all of its assets or all or substantially all of its stock, if Tenant is a publicly traded corporation, a merger of Tenant with another corporation, or the transfer of fifty twenty-five percent (5025%) or more of the stock in a corporate tenant whose stock is not publicly traded, or the transfer of twenty-five percent (25%) or more of the beneficial ownership interests in a partnership tenant, without the prior written consent of Landlord, Landlord shall constitute a prohibited assignment hereunder. Consent by Landlord to any one assignment or subletting shall not in any way be construed as relieving Tenant from obtaining the Landlord's express written consent to another any further assignment or subletting. Notwithstanding the consent of Landlord to any subletting or assignment, and also in the event of an assignment or sublettingsubletting under Section 14.4 below, Tenant shall nevertheless not be relieved from its primary obligations hereunder to LandlordLandlord including, including but not limited to to, the payment of all Rent, taxes and insurance premiums as herein provided, and Tenant's pro rata share Proportionate Share of increases in Taxes and Operating Expenses and the Additional Rent. Landlord's consent to a requested subletting or assignment shall not waive Landlord right to refuse to consent to any other such requestCosts.

Acceptance of Performance; No Waiver. If this Lease be assigned, or if the Leased Premises or any part thereof be sublet or occupied by anybody other than Tenant, Landlord may, after the occurrence of any default by Tenantunder this Lease, collect the Rent from the assignee, subtenant, or occupant and apply the net amount collected to the Rent herein reserved, but no such assignment, subletting, occupancy or collection shall be deemed an acceptance of the assignedassignee, subtenant or occupant as the Tenant hereof hereof, or constitute a release of Tenant from further performance by Tenant of all covenants on the part of Tenant herein contained. A sale by Tenant of all or substantially all of its assets or all or substantially all of its stock, if Tenant is a publicly traded corporation, a merger of Tenant with another corporation, or the transfer of fifty twenty-five percent (5025%) or more of the stock in a corporate tenant whose stock is not publicly traded, or the transfer of twenty-five percent (25%) or more of the beneficial ownership interests in a partnership tenant, without the prior written consent of Landlord, Landlord shall constitute a prohibited assignment hereunder. Consent by Landlord to any one assignment or subletting shall not in any way be construed as relieving Tenant from obtaining the Landlord's ’s express written consent to another any further assignment or subletting. Notwithstanding the consent of Landlord to an assignment any subletting or sublettingassignment, Tenant shall not be relieved from its primary obligations hereunder to LandlordLandlord including, including but not limited to to, the payment of all Rent, taxes and insurance premiums as herein provided, and Tenant's pro rata share ’s Proportionate Share of increases in Taxes and Operating Expenses and the Additional Rent. Landlord's consent to a requested subletting or assignment shall not waive Landlord right to refuse to consent to any other such requestCosts.

Acceptance of Performance; No Waiver. If this Lease be assigned, or if the Premises or any part thereof be sublet occupied by anybody other than Tenant, Landlord may, after default by Tenantany default, collect the Rent from any of Tenant, the assignee, subtenant, or occupant and apply the net amount collected to the Rent herein reserved, but no such assignment, subletting, occupancy or collection shall be deemed an acceptance of the assigned, subtenant or occupant as the Tenant hereof or constitute release of Tenant from further performance by Tenant of covenants on the part of Tenant herein containedcontained . A sale by Tenant of all or substantially all of its assets or all or substantially all its stock, if Tenant is a publicly traded corporation, a merger of Tenant with another corporation, or the transfer of fifty percent (50%) or more of the beneficial ownership interests in a partnership tenant, without the prior written consent of Landlord, shall constitute a prohibited assignment hereunder. Consent by Landlord to any one assignment or subletting shall not in any way be construed as relieving Tenant from obtaining the LandlordLandlord 's express written consent to another assignment or subletting. Notwithstanding the consent of Landlord to an assignment or subletting, Tenant shall not be relieved from its primary obligations hereunder to Landlord, including but not limited to the TenantTenant 's pro rata share obligation to pay its Proportionate Share of increases in Taxes and Operating Expenses and the other Additional Rent. Landlord's consent to a requested subletting or assignment shall not waive Landlord right to refuse to consent to any other such subsequent request.