Common use of Assignment and Subletting Sale by Landlord Clause in Contracts

Assignment and Subletting Sale by Landlord. (a) Tenant shall not, either voluntarily or by operation of law, assign, hypothecate or transfer this Lease, or sublet the Premises or any part thereof, or permit the Premises or any part thereof to be occupied by anyone other than Tenant or Tenant's employees (individually, a Transfer ), without the Landlord's prior written consent ("Transfer Notice") which shall not be unreasonably withheld. Landlord shall be under no obligation to give or withhold consent until after all information reasonably required by Landlord with respect to the identity, background, experience and financial worth of the proposed assignee, transferee, or subtenant (the Transferee ) has been provided. No hypothecation, assignment, sublease or other transfer to which Landlord has consented shall be effective for any purpose until such time as fully executed documents of such transaction have been provided to Landlord, and, in the case of an assignment, the assignee has attorned directly to Landlord, and in the case of a sublease, the sublessee has acknowledged that the sublease is subject to all of the terms and conditions of this Lease. Any assignment, mortgage, transfer or subletting of this Lease which is not in compliance with the provisions of this Article 15 shall be voidable by Landlord and shall, at the option of Landlord, terminate this Lease. Any differing of use or extension of use by Tenant or any Transferee will, at the option of Landlord terminate this Lease. The consent by Landlord to an assignment or subletting shall not relieve Tenant from obtaining the express written consent of Landlord to any further assignment or subletting or release Tenant from any liability or obligation hereunder, whether or not then accrued. Except as provided in this Article, this Lease shall be binding upon and inure to the benefit of the successors and assigns of the parties. (b) In the event of a sale or conveyance by Landlord of the Premises, Landlord shall be relieved of all future liability upon any of the covenants or conditions, express or implied, in favor of Tenant, and Tenant shall look solely to Landlord's successor in interest. This Lease shall not be affected by any sale, and Tenant shall attorn to the successor in interest. If any Security Deposit has been made by Tenant, the successor in interest shall be obligated to return it in accordance with the terms hereof and Landlord shall be discharged from any further liability in reference thereto. (c) If any rent of other monetary payment due under the terms of this Lease is made by check wherein the payor is other than the Tenant herein, acceptance thereof shall in no way constitute acceptance by Landlord of any assignment or subletting. Any assignment or subletting must comply with the conditions of this Article 15. 15.

Appears in 1 contract

Samples: Retail Lease (Giant Industries Inc)

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Assignment and Subletting Sale by Landlord. (a) Tenant shall not, either voluntarily or by operation of law, assign, hypothecate or transfer this Leaselease, or sublet the Premises or any part thereof, or permit the Premises or any part thereof to be occupied by anyone other than Tenant or Tenant's employees (individually, a Transfer )employees, without the Landlord's prior written consent ("Transfer Notice") consent, which shall not be unreasonably withheldwithheld provided the proposed assignee or sublessee is reasonably satisfactory to Landlord as a credit and character and will occupy the Premises for purposes not inconsistent with Tenant's purposes as stated in Article 4 or other purposes approved by Landlord. Landlord shall be under no obligation to give or withhold consent until after all information reasonably required by Landlord with respect to the identity, background, experience and financial worth of the proposed assignee, transferee, or subtenant (the Transferee ) has been provided. No hypothecation, assignment, sublease or other transfer to which Landlord has consented shall be effective for any purpose until such time as fully executed documents of such transaction have been provided to Landlord, and, in the case of an assignment, the assignee has attorned directly to Landlord, and in the case of a sublease, the sublessee has acknowledged that the sublease is subject to all of the terms and conditions of this Leaselease. Any assignment, mortgage, transfer or subletting of this Lease lease which is not in compliance with the provisions of this Article 15 shall be voidable by Landlord and shall, at the option of Landlord, terminate this Lease. Any differing of use or extension of use by Tenant or any Transferee will, at the option of Landlord terminate this Leaselease. The consent by Landlord to an assignment or subletting shall not relieve Tenant from obtaining the express written consent of Landlord to any further assignment or subletting or release Tenant from any liability or obligation hereunderobligation, whether or not then accrued. Except as provided in this Article, this Lease lease shall be binding upon and inure to the benefit of the successors and assigns of the parties. (b) In the event of a sale or conveyance by Landlord of the Premises, Landlord shall be relieved of all future liability upon any of the covenants or conditions, express or implied, in favor of Tenant, and Tenant shall look solely to Landlord's successor in interest. This Lease shall not be affected by any sale, and Tenant shall attorn to the successor in interest. If any Security Deposit has been made by Tenant, the successor in interest shall be obligated to return it in accordance with the terms hereof and Landlord shall be discharged from any further liability in reference thereto. (c) If any rent of other monetary payment due under the terms of this Lease is made by check wherein the payor is other than the Tenant herein, acceptance thereof shall in no way constitute acceptance by Landlord of any assignment or subletting. Any assignment or subletting must comply with the conditions of this Article 15. 15.

Appears in 1 contract

Samples: Lease (Novellus Systems Inc)

Assignment and Subletting Sale by Landlord. (a) Tenant shall not, either voluntarily or by operation of law, assign, hypothecate or transfer this Lease, or sublet the Premises or any part thereof, or permit the Premises or any part thereof to be occupied by anyone other than Tenant or Tenant's employees (individually, a Transfer ), without the Landlord's prior written consent ("Transfer Notice") which shall not be unreasonably withheld. However, Tenant may, without Landlord's prior approval, sublet the Premises to Pinnacle Inn at The Citadel, LLC. Landlord shall be under no obligation to give or withhold consent until after all information reasonably required by Landlord with respect to the identity, background, experience and financial worth of the proposed assignee, transferee, or subtenant (the Transferee ) has been provided. No hypothecation, assignment, sublease or other transfer to which Landlord has consented shall be effective for any purpose until such time as fully executed documents of such transaction have been provided to Landlord, and, in the case of an assignment, the assignee has attorned directly to Landlord, and in the case of a sublease, the sublessee has acknowledged that the sublease is subject to all of the terms and conditions of this Lease. Any assignment, mortgage, transfer or subletting of this Lease which is not in compliance with the provisions of this Article 15 shall be voidable by Landlord and shall, at the option of Landlord, terminate this Lease. Any differing of use or extension of use by Tenant or any Transferee will, at the option of Landlord terminate this Lease. The consent by Landlord to an assignment or subletting shall not relieve Tenant from obtaining the express written consent of Landlord to any further assignment or subletting or release Tenant from any liability or obligation hereunder, whether or not then accrued. Except as provided in this Article, this Lease shall be binding upon and inure to the benefit of the successors and assigns of the parties. (b) In the event of a sale or conveyance by Landlord of the Premises, Landlord shall be relieved of all future liability upon any of the covenants or conditions, express or implied, in favor of Tenant, and Tenant shall look solely to Landlord's successor in interest. This Lease shall not be affected by any sale, and Tenant shall attorn to the successor in interest. If any Security Deposit has been made by Tenant, the successor in interest shall be obligated to return it in accordance with the terms hereof and Landlord shall be discharged from any further liability in reference thereto. (c) If any rent of other monetary payment due under the terms of this Lease is made by check wherein the payor is other than the Tenant herein, acceptance thereof shall in no way constitute acceptance by Landlord of any assignment or subletting. Any assignment or subletting must comply with the conditions of this Article 15. 15.

Appears in 1 contract

Samples: Retail Lease (Giant Industries Inc)

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Assignment and Subletting Sale by Landlord. (a) Tenant shall not, either voluntarily or by operation of law, assign, hypothecate or transfer this Lease, or sublet the Premises or any part thereof, or permit the Premises or any part thereof to be occupied by anyone other than Tenant or Tenant's employees (individually, a Transfer )employees, without the Landlord's prior written consent ("Transfer Notice") consent, which shall not be unreasonably withheld. Landlord shall be under no obligation to give or withhold consent until after all information reasonably required by Landlord with respect to the identity, background, experience and financial worth of the proposed assignee, transferee, or subtenant (the Transferee ) has been provided. No hypothecation, assignment, sublease or other transfer to which Landlord has consented shall be effective for any purpose until such time as fully executed documents of such transaction have been provided to Landlord, and, in the case of an assignment, the assignee has attorned directly to Landlord, and in the case of a sublease, the sublessee has acknowledged that the sublease is subject to all of the terms and conditions of this Lease. Any assignment, mortgage, transfer or subletting of this Lease which is not in compliance with the provisions of this Article 15 shall be voidable by Landlord and shall, at the option of Landlord, terminate this Lease. Any differing of use or extension of use by Tenant or any Transferee will, at the option of Landlord terminate this Lease. The consent by Landlord to an assignment or subletting shall not relieve Tenant from obtaining the express written consent of Landlord to any further assignment or subletting or release Tenant from any liability or obligation hereunderobligation, whether or not then accrued. Except as provided in this Article, this Lease shall be binding upon and inure to the benefit benefits of the successors and assigns of the parties. (b) In the event of a sale or conveyance by Landlord of the Premises, Landlord shall be relieved of all future liability upon any of the covenants or conditions, express or implied, in favor of Tenant, and Tenant shall look solely to Landlord's successor in interest. This Lease shall not be affected by any sale, and Tenant shall attorn to the successor in interest. If any Security Deposit has been made by Tenant, the successor in interest shall be obligated to return it in accordance with the terms hereof and Landlord shall be discharged from any further liability in reference thereto. (c) If any rent of other monetary payment due under the terms of this Lease is made by check wherein the payor is other than the Tenant herein, acceptance thereof shall in no way constitute acceptance by Landlord of any assignment or subletting. Any assignment or subletting must comply with the conditions of this Article 15. 15.

Appears in 1 contract

Samples: Office Lease (Mesa Air Group Inc)

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