Common use of Assignment of Rent Clause in Contracts

Assignment of Rent. 4.1 Subject to the terms of Section 4.2, Tenant hereby absolutely and irrevocably assigns and transfers to Landlord Tenant's rights under the Sublease to all rentals and other sums due Tenant under the Sublease. 4.2 Landlord agrees that until a default shall occur in the performance of Tenant's obligations under the Master Lease, Tenant shall have a license to receive, collect and enjoy the rentals and other sums due Tenant under the Sublease except as otherwise provided under the Master Lease. However, said license shall automatically terminate without notice to Tenant upon the occurrence of a default by Tenant in the performance of its obligations under the Master Lease and Landlord may thereafter, at its option, receive and collect, directly from Subtenant, all rentals and other sums due or to be due Tenant under the Sublease. Landlord shall not, by reason of the assignment of all rentals and other sums due Tenant under the Sublease nor by reason of the collection of said rentals or other sums from the Subtenant, (a) be bound by or become a party to the Sublease, (b) be deemed to have accepted the attornment of Subtenant, or (c) be deemed liable to Subtenant for any failure of Tenant to perform and comply with Tenant's obligations under the Sublease. Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt by Subtenant of any written notice from Landlord stating that a default exists in the performance of Tenant's obligations under the Master Lease, to pay directly to Landlord the rents and other income due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely solely upon such notice from Landlord notwithstanding any conflicting demand by Tenant or any other party. Tenant hereby agrees to indemnify, defend and hold Subtenant harmless from any and all claims, losses, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, attorneys' fees and consultants' fees) (collectively, "Claims") which Subtenant may incur in relying on any written notice from Landlord and/or paying rent and other sums due under the Sublease directly to Landlord in accordance with this Section 4.2.

Assignment of Rent. 4.1 Subject to the terms of Section 4.2, Tenant hereby absolutely and irrevocably assigns and transfers to Landlord Tenant's ’s rights under the Sublease to all rentals and other sums due Tenant under the Sublease. 4.2 Landlord agrees that until a default shall occur in the performance of Tenant's ’s obligations under the Master Lease, Tenant shall have a license to receive, collect and enjoy the rentals and other sums due Tenant under the Sublease except as otherwise provided under the Master Lease. However, said license shall automatically terminate without notice to Tenant upon the occurrence of a default by Tenant in the performance of its obligations under the Master Lease and Landlord may thereafter, at its option, receive and collect, directly from Subtenant, all rentals and other sums due or to be due Tenant under the Sublease. In such event and so long as Subtenant pays to Landlord all rentals and other sums due or to be due Tenant under the Sublease, and so long as Subtenant abides by all of the Terms of Tenant’s obligations under the Master Lease, Landlord agrees that Subtenant may remain a Subtenant in accordance with all other terms provided herein and as provided in the Master Lease. Landlord shall not, however, by reason of the assignment of all rentals and other sums due Tenant under the Sublease nor by reason of the collection of said rentals or other sums from the Subtenant, (a) be bound by or become a party to the Sublease, (b) be deemed to have accepted the attornment of Subtenant, or (c) be deemed liable to Subtenant for any failure of Tenant to perform and comply with Tenant's ’s obligations under the Sublease. Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt by Subtenant of any written notice from Landlord stating that a default exists in the performance of Tenant's ’s obligations under the Master Lease, to pay directly to Landlord the rents and other income due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely solely upon such notice from Landlord notwithstanding any conflicting demand by Tenant or any other party. Tenant hereby agrees to indemnify, defend and hold Subtenant harmless from any and all claims, losses, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, attorneys' ’ fees and consultants' ’ fees) (collectively, "Claims"“claims”) which Subtenant may incur in relying on any written notice from Landlord and/or paying rent and other sums due under the Sublease directly to Landlord in accordance with this Section 4.2. Without limiting the generality of the foregoing, the acceptance of rent hereunder by Landlord shall not be a waiver of any preceding breach by Tenant or Subtenant of the Master Lease or Sublease other than the failure of Tenant or Subtenant, as the case may be, to pay the particular rental so accepted.

Assignment of Rent. 4.1 Subject to the terms of Section 4.2, Tenant hereby absolutely Sublandlord and irrevocably assigns and transfers to Landlord Tenant's rights under the Sublease to all rentals and other sums due Tenant under the Sublease. 4.2 Landlord agrees Subtenant agree that until a default shall occur in the performance of TenantSublandlord's obligations under the Master Lease, Tenant Sublandlord shall have a license to receive, collect and enjoy the rentals and other sums due Tenant Sublandlord under the Sublease except as otherwise provided under the Master LeaseSublease. However, said license shall automatically terminate without notice to Tenant Sublandlord upon the occurrence of a default by Tenant Sublandlord in the performance of its obligations under the Master Lease and Landlord Lessor may thereafter, at its option, receive and collect, directly from Subtenant, all rentals and other sums due or to be due Tenant Sublandlord under the Sublease. Landlord Lessor shall not, by reason of the assignment of all rentals and other sums due Tenant Sublandlord under the Sublease nor by reason of the collection of said rentals or other sums from the Subtenant, (a) be bound by or become a party to the Sublease, (b) be deemed to have accepted the attornment of Subtenant, or (c) be deemed liable to Subtenant for any failure of Tenant Sublandlord to perform and comply with TenantSublandlord's obligations under the Sublease. Tenant Sublandlord hereby irrevocably authorizes and directs Subtenant, upon receipt by Subtenant of any written notice from Landlord Lessor stating that a default exists in the performance of TenantSublandlord's obligations under the Master Lease, to pay directly to Landlord Lessor the rents and other income due and to become due under the Sublease. Tenant Sublandlord agrees that Subtenant shall have the right to rely solely upon such notice from Landlord Lessor notwithstanding any conflicting demand by Tenant Sublandlord or any other party. Tenant Sublandlord hereby agrees to indemnify, defend and hold Subtenant harmless from any and all claims, losses, liabilities, judgmentsjudgements, costs, demands, causes of action and expenses (including, without limitation, attorneys' fees and consultants' fees) (collectively, "Claims") which Subtenant may incur in relying on any written notice from Landlord form Lessor and/or paying rent and other sums due under the Sublease directly to Landlord in accordance with this Section 4.213.

Assignment of Rent. 4.1 Subject to the terms of Section 4.2, Tenant Sub-Sublandlord hereby absolutely and irrevocably assigns and transfers to Landlord TenantSub-Sublandlord's rights under the Sub-Sublease to all rentals and other sums due Tenant Sub-Sublandlord under the Sub-Sublease. 4.2 Landlord agrees that until a default shall occur in the performance of Tenant's obligations under the Master Lease, Tenant Sub-Sublandlord shall have a license to receive, collect and enjoy the rentals and other sums due Tenant Sub-Sublandlord under the Sub-Sublease except as otherwise provided under (subject to any contrary provisions of the Master LeaseLease concerning the payment of any sub-sublease profits or "bonus rents" to Landlord). However, said license shall automatically terminate without notice to Tenant Sub-Sublandlord upon the occurrence of a default by Tenant in the performance of its obligations under the Master Lease and Landlord may thereafter, at its option, receive and collect, directly from Sub-Subtenant, all rentals and other sums due or to be due Tenant Sub-Sublandlord under the Sub-Sublease. Landlord shall not, by reason of the assignment of all rentals and other sums due Tenant Sub-Sublandlord under the Sublease Sub-Sublease, nor by reason of the collection of said rentals or other sums from the Sub-Subtenant, nor by reason of its approval of the Sub-Sublease, (a) be bound by or become a party to the Sub-Sublease, (b) be deemed to have accepted the attornment of Sub-Subtenant, or (c) be deemed liable to Sub-Subtenant for any failure of Tenant Sub-Sublandlord to perform and comply with TenantSub-Sublandlord's obligations under the Sub-Sublease. Tenant Sub-Sublandlord hereby irrevocably authorizes and directs Sub-Subtenant, upon receipt by Subtenant of any written notice from Landlord stating that a default exists in the performance of Tenant's obligations under the Master Lease, to pay directly to Landlord the rents and other income due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely solely upon such notice from Landlord notwithstanding any conflicting demand by Tenant or any other party. Tenant hereby agrees to indemnify, defend and hold Subtenant harmless from any and all claims, losses, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, attorneys' fees and consultants' fees) (collectively, "Claims") which Subtenant may incur in relying on any written notice from Landlord and/or paying rent and other sums due under the Sublease directly to Landlord in accordance with this Section 4.2.to

Assignment of Rent. 4.1 a. Subject to the terms of Section 4.2Sections b through d of this Paragraph 6, Tenant Master Lessee hereby absolutely and irrevocably assigns and transfers to Landlord Tenant's Master Lessor Master Lessee’s rights under the Sublease to all rentals and other sums due Tenant Master Lessee under the Sublease. 4.2 Landlord b. Master Lessor agrees that until a default shall occur in the performance of Tenant's Master Lessee’s obligations under the Master Lease, Tenant Master Lessee shall have a license to receive, collect and enjoy the rentals and other sums due Tenant Master Lessee under the Sublease except as otherwise provided under the Master Lease. However, said license shall automatically terminate without notice to Tenant Master Lessee upon the occurrence of a default by Tenant Master Lessee in the performance of its obligations under the Master Lease and Landlord Master Lessor may thereafter, at its option, receive and collect, directly from Subtenant, all rentals and other sums due or to be due Tenant Master Lessee under the Sublease. Landlord Master Lessor shall not, by reason of the assignment of all rentals and other sums due Tenant Master Lessee under the Sublease nor by reason of the collection of said rentals or other sums from the Subtenant, (a) be bound by or become a party to the Sublease, (b) be deemed to have accepted the attornment of Subtenant, or (c) be deemed liable to Subtenant for any failure of Tenant Master Lessee to perform and comply with Tenant's Master Lessee’s obligations under the Sublease. Tenant . c. Master Lessee hereby irrevocably authorizes and directs Subtenant, upon receipt by Subtenant of any written notice from Landlord Master Lessor stating that a default exists in the performance of Tenant's Master Lessee’s obligations under the Master Lease, to pay directly to Landlord Master Lessor the rents and other income due and to become due under the Sublease. Tenant Master Lessee agrees that Subtenant shall have the right to rely solely upon such notice from Landlord Master Lessor notwithstanding any conflicting demand by Tenant Master Lessee or any other party. Tenant . d. Master Lessee hereby agrees to indemnify, defend and hold Subtenant harmless from any and all claims, losses, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, attorneys' ’ fees and consultants' ’ fees) (collectively, "Claims") which Subtenant may incur in relying on any written notice from Landlord Master Lessor and/or paying rent and other sums due under the Sublease directly to Landlord Master Lessor in accordance with this Section 4.2Paragraph 6. Without limiting the generality of the foregoing, the acceptance of rent hereunder by Master Lessor shall not be a waiver of any preceding breach by Master Lessee or Subtenant of the Master Lease or Sublease other than the failure of Master Lessee or Subtenant, as the case may be, to pay the particular rental so accepted.

Assignment of Rent. 4.1 Subject If at any time during the lease term, including any extension, renewal or holdover term, Landlord becomes delinquent in the payment of any amounts due from Landlord to the terms Association, including, but not limited to the regular monthly assessment or any special assessment, the Association may demand and, upon such demand, shall receive payment of Section 4.2rent from Tenant, Tenant hereby absolutely and irrevocably assigns and transfers up to Landlord Tenant's rights under the Sublease an amount sufficient to pay all rentals and other sums due Tenant under the Sublease. 4.2 from Landlord agrees that until a default shall occur in the performance of Tenant's obligations under the Master Lease, Tenant shall have a license to receive, collect and enjoy the rentals and other sums due Tenant under the Sublease except as otherwise provided under the Master Lease. However, said license shall automatically terminate without notice to Tenant upon the occurrence of a default by Tenant in the performance of its obligations under the Master Lease and Landlord may thereafter, at its option, receive and collect, directly from Subtenant, all rentals and other sums due or to be due Tenant under the Sublease. Landlord shall not, by reason of the assignment of all rentals and other sums due Tenant under the Sublease nor by reason of the collection of said rentals or other sums from the Subtenant, (a) be bound by or become a party to the Sublease, (b) Association. Any such payment from Tenant to the Association shall be deemed to have accepted the attornment be a full and sufficient payment of Subtenant, or (c) be deemed liable to Subtenant for any failure of Tenant to perform and comply with Tenant's obligations under the Sublease. Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt by Subtenant of any written notice from Landlord stating that a default exists in the performance of Tenant's obligations under the Master Lease, to pay directly to Landlord the rents and other income due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely solely upon such notice from Landlord notwithstanding any conflicting demand by Tenant or any other party. Tenant hereby agrees to indemnify, defend and hold Subtenant harmless from any and all claims, losses, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, attorneys' fees and consultants' fees) (collectively, "Claims") which Subtenant may incur in relying on any written notice from Landlord and/or paying rent and other sums due under the Sublease directly to Landlord in accordance with the Lease, and Tenant shall be discharged from any obligation to pay such amounts directly to Landlord, so long as such payments are made to the Association until Landlord's delinquency to the Association has been fully cured. Tenant shall begin making such rental payments to the Association upon receipt of a letter signed by an authorized officer, agent or counsel of the Association, indicating that the Landlord is delinquent in the payment of assessments and demanding payment from the Tenant pursuant to this Section 4.2Paragraph, and shall continue making such payments in monthly installments equal to monthly installments of rent due pursuant to the Lease until advised in writing by the Association that the delinquency has been cured. Landlord hereby assigns to the Association the right to take legal action for non-payment of rent, including the right to terminate the Lease, evict Tenant and obtain possession of the Premises, as set forth in Paragraph l(b) above, if Tenant fails to pay the Association any amounts due pursuant to this Paragraph, provided, however, that the Association shall not be obligated to take such action, and provided, further, that Landlord shall under no circumstances be released from any of Landlord's payment obligations or other obligations to the Association by virtue of the provisions herein.

Assignment of Rent. 4.1 Section 5.01 Subject to the terms hereof and to those of Section 4.25.2 below, Tenant hereby absolutely and irrevocably assigns and transfers to Landlord Tenant's ’s rights under the Sublease to all rentals and other sums due Tenant under the SubleaseSublease to secure payment of Tenant’s rent due under the Master Lease. Pursuant to the terms of Section 12.6 (Transfer Premium from Assignment or Subletting) of the Master Lease, and in addition to all sums due under the Master Lease, Tenant agrees to pay to Landlord as additional rent an amount equal to one-half (1/2) of the amount Tenant receives from Subtenant which is excess of the Base Rent owed to Landlord pursuant to the terms of the Master Lease with respect to the Sublease Premises. 4.2 Section 5.02 Landlord agrees that until a default shall occur in the performance of Tenant's ’s obligations under the Master Lease (after applicable notice and cure periods set forth in the Master Lease), Tenant shall have a license to receive, collect and enjoy the rentals and other sums due Tenant under the Sublease except as otherwise provided under the Master Lease. However, said license shall automatically terminate without notice to Tenant upon the occurrence of a default by Tenant in the performance of its obligations under the Master Lease (after applicable notice and cure periods set forth in the Master Lease) and Landlord may thereafter, at its optionfollowing written notice to Tenant and Subtenant, receive and collect, directly from Subtenant, all rentals and other sums due or to be due Tenant under the Sublease. Subject to the terms of this Consent above with respect to the agreement of Landlord and Subtenant to enter into a Direct Lease Amendment- Sublease Premises, Landlord shall not, by reason of the assignment of all rentals and other sums due Tenant under the Sublease nor by reason of the collection of said rentals or other sums from the Subtenant, (a) be bound by or become a party to the Sublease, (b) be deemed to have accepted the attornment of Subtenant, or (c) be deemed liable to Subtenant for any failure of Tenant to perform and comply with Tenant's ’s obligations under the Sublease. Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt by Subtenant of any written notice from Landlord stating that a default exists in the performance of Tenant's ’s obligations under the Master Lease (after applicable notice and cure periods set forth in the Master Lease), to pay directly to Landlord the rents and all other income due and to become due amounts payable by Subtenant under the SubleaseSublease as they become due. Tenant agrees that Subtenant shall have the right to rely solely upon such notice from Landlord notwithstanding any conflicting demand by Tenant or any other party. Tenant hereby agrees to indemnify, defend and hold that it shall not have a claim against Subtenant harmless from any and all claims, losses, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, attorneys' fees and consultants' fees) (collectively, "Claims") which Subtenant may incur in for relying on any written notice from Landlord and/or paying rent and other sums due under the Sublease directly to Landlord in accordance with this Section 4.25.2. Without limiting the generality of the foregoing, the acceptance of rent hereunder by Landlord shall not be a waiver of any preceding breach by Tenant or Subtenant of the Master Lease or Sublease other than the failure of Tenant or Subtenant, as the case may be, to pay the particular rental so accepted. Tenant and Subtenant each agree and acknowledge that the foregoing provides actual and sufficient knowledge to Tenant and Subtenant, respectively, pursuant to California Code of Civil Procedure Section 1161.1(c), that acceptance of a partial rent payment by Landlord does not constitute a waiver of any of Landlord’s rights under said Section 1116.1(c).

Assignment of Rent. 4.1 5.1 Subject to the terms hereof and to those of Section 4.25.2 below, Tenant hereby absolutely and irrevocably assigns and transfers to Landlord Tenant's ’s rights under the Sublease to all rentals and other sums due Tenant under the SubleaseSublease to secure payment of Tenant’s rent due under the Master Lease. Pursuant to the terms of Section 12.6 (Transfer Premium from Assignment or Subletting) of the Master Lease, and in addition to all sums due under the Master Lease, Tenant agrees to pay to Landlord as additional rent an amount equal to one-half (1/2) of the amount Tenant receives from Subtenant which is excess of the Base Rent owed to Landlord pursuant to the terms of the Master Lease with respect to the Sublease Premises. 4.2 5.2 Landlord agrees that until a default shall occur in the performance of Tenant's ’s obligations under the Master Lease (after applicable notice and cure periods set forth in the Master Lease), Tenant shall have a license to receive, collect and enjoy the rentals and other sums due Tenant under the Sublease except as otherwise provided under the Master Lease. However, said license shall automatically terminate without notice to Tenant upon the occurrence of a default by Tenant in the performance of its obligations under the Master Lease (after applicable notice and cure periods set forth in the Master Lease) and Landlord may thereafter, at its optionfollowing written notice to Tenant and Subtenant, receive and collect, directly from Subtenant, all rentals and other sums due or to be due Tenant under the Sublease. Subject to the terms of this Consent above with respect to the agreement of Landlord and Subtenant to enter into a Direct Lease Amendment- Sublease Premises, Landlord shall not, by reason of the assignment of all rentals and other sums due Tenant under the Sublease nor by reason of the collection of said rentals or other sums from the Subtenant, (a) be bound by or become a party to the Sublease, (b) be deemed to have accepted the attornment of Subtenant, or (c) be deemed liable to Subtenant for any failure of Tenant to perform and comply with Tenant's ’s obligations under the Sublease. Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt by Subtenant of any written notice from Landlord stating that a default exists in the performance of Tenant's ’s obligations under the Master Lease (after applicable notice and cure periods set forth in the Master Lease), to pay directly to Landlord the rents and all other income due and to become due amounts payable by Subtenant under the SubleaseSublease as they become due. Tenant agrees that Subtenant shall have the right to rely solely upon such notice from Landlord notwithstanding any conflicting demand by Tenant or any other party. Tenant hereby agrees to indemnify, defend and hold that it shall not have a claim against Subtenant harmless from any and all claims, losses, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, attorneys' fees and consultants' fees) (collectively, "Claims") which Subtenant may incur in for relying on any written notice from Landlord and/or paying rent and other sums due under the Sublease directly to Landlord in accordance with this Section 4.25.2. Without limiting the generality of the foregoing, the acceptance of rent hereunder by Landlord shall not be a waiver of any preceding breach by Tenant or Subtenant of the Master Lease or Sublease other than the failure of Tenant or Subtenant, as the case may be, to pay the particular rental so accepted. Tenant and Subtenant each agree and acknowledge that the foregoing provides actual and sufficient knowledge to Tenant and Subtenant, respectively, pursuant to California Code of Civil Procedure Section 1161.1(c), that acceptance of a partial rent payment by Landlord does not constitute a waiver of any of Landlord’s rights under said Section 1116.1(c).

Assignment of Rent. 4.1 Subject to the terms of Section 4.2, Tenant hereby absolutely and irrevocably assigns and transfers to Landlord Tenant's rights under the Sublease to all rentals and other sums due Tenant under the Sublease. 4.2 Landlord agrees that until a default shall occur in the performance of Tenant's obligations under the Master Lease, Tenant shall have a license to receive, collect and enjoy the rentals and other sums due Tenant under the Sublease except as otherwise provided under the Master LeaseSublease. However, said license shall automatically terminate without notice to Tenant upon the occurrence of a default by Tenant in the performance of its obligations under the Master Lease and Landlord may thereafter, at its option, receive and collect, directly from Subtenant, all rentals and other sums due or to be due Tenant under the Sublease. Landlord shall not, by reason of the assignment of all rentals and other sums due Tenant under the Sublease nor by reason of the collection of said rentals or other sums from the Subtenant, (a) be bound by or become a party to the Sublease, (b) be deemed to have accepted the attornment of Subtenant, or (c) be deemed liable to Subtenant for any failure of Tenant to perform and comply with Tenant's obligations under the Sublease. Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt by Subtenant of any written notice from Landlord stating that a default exists in the performance of Tenant's obligations under the Master Lease, to pay directly to Landlord the rents and other income due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely solely upon such notice from Landlord notwithstanding any conflicting demand by Tenant or any other party. Tenant hereby agrees to indemnify, defend and hold Subtenant harmless from any and all claims, losses, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, attorneys' fees and consultants' fees) (collectively, "Claims") which Subtenant may incur in relying on any written notice from Landlord and/or paying rent and other sums due under the Sublease directly to Landlord in accordance with this Section 4.2.any