Assignment of Sublease Rents. Tenant hereby absolutely and irrevocably assigns to Landlord any and all rights to receive rent and other consideration from any sublease and agrees that Landlord, as assignee or as attorney-in-fact for Tenant for purposes hereof, or a receiver for Tenant appointed on Landlord’s application may (but shall not be obligated to) collect such rents and other consideration and apply the same toward Tenant’s obligations to Landlord under this Lease; provided, however, that Landlord grants to Tenant at all times prior to occurrence of any breach or default by Tenant a revocable license to collect such rents (which license shall automatically and without notice be and be deemed to have been revoked and terminated immediately upon any Event of Default). Notwithstanding the foregoing, such assignment to Landlord of the rights to receive rent and other consideration from any sublease and to collect the same shall not be deemed to create any privity of contract or estate as between Landlord and any subtenant, or be construed as an assumption by Landlord of any liability or obligation of Tenant to any subtenant or as an agreement by Landlord to recognize any sublease or the rights or interests of any subtenant thereunder in the event of the expiration or any earlier termination of this Lease from any cause whatsoever, nor shall any action taken by Landlord to enforce such assignment or to collect any rent or other consideration payable by any subtenant be deemed to create or impose any liability on Landlord to any such subtenant.
Appears in 2 contracts
Samples: Lease Agreement (Tercica Inc), Lease Agreement (Taleo Corp)
Assignment of Sublease Rents. (a) Subject to the license granted in this paragraph, Tenant hereby absolutely unconditionally and irrevocably grants, transfers, assigns and sets over to Landlord all of Tenant’s interest in the rents, issues and profits of the Sublease (collectively, the “Sublease Rents”), together with full power and authority, in the name of Tenant, or otherwise, to demand, receive, enforce, collect or receipt for any or all of the foregoing, to endorse or execute any checks or other instruments or orders, to file any claims and all to take any other action which Landlord may deem necessary or advisable in connection therewith; provided, that no exercise of such rights to receive rent and other consideration by Landlord shall release Tenant from any sublease of its obligations under the Lease or the Sublease. The parties intend that the assignment described in this Paragraph 12 shall be a present, actual, absolute and agrees that Landlord, as assignee or as attorney-in-fact for Tenant for purposes hereof, or a receiver for Tenant appointed on Landlord’s application may (but shall not be obligated to) collect such rents and other consideration and apply the same toward Tenant’s obligations to Landlord under this Leaseunconditional assignment; provided, however, that except to the extent specified by Landlord grants in a notice or demand given to Tenant at all times prior and Subtenant exercising Landlord’s right to occurrence of any breach or default by collect the Sublease Rents directly from Subtenant, Tenant shall have a revocable license to collect such rents the Sublease Rents, but neither prior to accrual nor more than one month in advance (which license shall automatically except for security deposits and without notice be and be deemed to have been revoked and terminated immediately upon any Event of Defaultescalations provided for in the Sublease). Notwithstanding Tenant hereby irrevocably authorizes Subtenant to rely upon and comply with any such notice or demand by Landlord for the foregoing, such assignment payment to Landlord of any Sublease Rents due or to become due. Landlord shall be accountable only for the rights to receive rent Sublease Rents actually collected hereunder and other consideration from not for the rental value of the Subleased Premises.
(b) Neither this Consent nor the assignment described in this Paragraph 12 nor any sublease and to collect action or inaction on the same part of Landlord shall not be deemed to create any privity of contract or estate as between Landlord and any subtenant, or be construed as constitute an assumption by on the part of Landlord of any liability duty or obligation of Tenant to any subtenant or as an agreement by Landlord to recognize any sublease or under the rights or interests of any subtenant thereunder in the event of the expiration or any earlier termination of this Lease from any cause whatsoeverSublease, nor shall Landlord have any duty or obligation to make any payment to be made by Tenant under the Sublease or the Lease, or to present or file any claim, or to take any other action to collect or enforce the payment of any amounts which have been assigned to Landlord or to which it may be entitled hereunder at any time or times. The collection and application of the Sublease Rents or other charges, or any other action taken by Landlord in connection therewith, shall not (i) cure or waive any default under the Lease, (ii) waive or modify any notice thereof theretofore given by Landlord, (iii) create any direct tenancy between Landlord and Subtenant, or (iv) otherwise limit in any way the rights of Landlord hereunder or under the Lease.
(c) Tenant, at its expense, will execute and deliver all such instruments and take all such action as Landlord, from time to enforce such time, may reasonably request in order to obtain the full benefits of the assignment or to collect any rent or other consideration payable provided for in this Paragraph 12.
(d) All Sublease Rents collected by any subtenant Landlord (less the cost of collection reasonably incurred, including, without limitation, reasonable attorneys’ fees) under this Paragraph 12 will be deemed to create or impose any liability on Landlord to any such subtenantapplied against Tenant’s obligations under the Lease.
Appears in 2 contracts
Samples: Sublease, Sublease (Appian Corp)
Assignment of Sublease Rents. Tenant Sublandlord hereby absolutely and ---------------------------- irrevocably assigns to Landlord any and all rights to receive rent and other consideration from any sublease sublease, including the Sublease, and agrees that Landlord, as assignee or as attorney-in-fact for Tenant Sublandlord for purposes hereof, or a receiver for Tenant Sublandlord appointed on Landlord’s 's application may (but shall not be obligated to) collect such rents and other consideration and apply the same toward Tenant’s Sublandlord's obligations to Landlord under this the Prime Lease; provided, however, that Landlord grants to Tenant Sublandlord at all times prior to occurrence of any breach or default by Tenant Sublandlord under the Prime Lease (and at all times following full and complete cure of any Event of Default under the Prime Lease, so long as there has been no subsequent breach or default by Sublandlord under the Prime Lease) a revocable license to collect such rents (which license shall automatically and without notice be and be deemed to have been revoked and terminated immediately upon any Event of DefaultDefault under the Prime Lease). Notwithstanding Sublandlord and Subtenant agree that upon receipt of notice from Landlord directing Subtenant to pay the foregoingSublease rent directly to Landlord, Subtenant shall pay rent due under the Sublease to Landlord. Landlord shall credit Sublandlord with any rent received by Landlord under such assignment assignment, but the acceptance of any payment on account of rent from Subtenant as the result of any such default shall in no manner whatsoever serve to Landlord release Sublandlord from any liability under the Prime Lease, except to the extent of the rights to receive rent and other consideration from any sublease and to collect the same shall not be deemed to create any privity of contract or estate as between Landlord and any subtenant, or be construed as an assumption by Landlord of any liability or obligation of Tenant to any subtenant or as an agreement by Landlord to recognize any sublease or the rights or interests of any subtenant thereunder in the event of the expiration or any earlier termination of this Lease from any cause whatsoever, nor shall any action taken by Landlord to enforce such assignment or to collect any rent or other consideration payable by any subtenant be deemed to create or impose any liability on Landlord to any such subtenantso credited.
Appears in 1 contract
Samples: Sublease Agreement (Talk City Inc)
Assignment of Sublease Rents. (a) Subject to the license granted in this paragraph, Tenant hereby absolutely unconditionally and irrevocably grants, transfers, assigns and sets over to Landlord all of Tenant’s interest in the rents, issues and profits of the Sublease (collectively, the “Sublease Rents”), together with full power and authority, in the name of Tenant, or otherwise, to demand, receive, enforce, collect or receipt for any or all of the foregoing, to endorse or execute any checks or other instruments or orders, to file any claims and all to take any other action which Landlord may deem necessary or advisable in connection therewith; provided, that no exercise of such rights to receive rent and other consideration by Landlord shall release Tenant from any sublease of its obligations under the Lease or the Sublease. The parties intend that the assignment described in this Paragraph 12 shall be a present, actual, absolute and agrees that Landlord, as assignee or as attorney-in-fact for Tenant for purposes hereof, or a receiver for Tenant appointed on Landlord’s application may (but shall not be obligated to) collect such rents and other consideration and apply the same toward Tenant’s obligations to Landlord under this Leaseunconditional assignment; provided, however, that except to the extent specified by Landlord grants in a notice or demand given to Tenant at all times prior and Subtenant exercising Landlord’s right to occurrence of any breach or default by collect the Sublease Rents directly from Subtenant, Tenant shall have a revocable license to collect such rents the Sublease Rents, but neither prior to accrual nor more than one month in advance (which license shall automatically except for security deposits and without notice be and be deemed to have been revoked and terminated immediately upon any Event of Defaultescalations provided for in the Sublease). Notwithstanding Tenant hereby irrevocably authorizes Subtenant to rely upon and comply with any such notice or demand by Landlord for the foregoing, such assignment payment to Landlord of any Sublease Rents due or to become due. Landlord shall be accountable only for the rights to receive rent Sublease Rents actually collected hereunder and other consideration from not for the rental value of the Subleased Premises.
(b) Neither this Consent nor the assignment described in this Paragraph 12 nor any sublease and to collect action or inaction on the same part of Landlord shall not be deemed to create any privity of contract or estate as between Landlord and any subtenant, or be construed as constitute an assumption by on the part of Landlord of any liability duty or obligation of Tenant to any subtenant or as an agreement by Landlord to recognize any sublease or under the rights or interests of any subtenant thereunder in the event of the expiration or any earlier termination of this Lease from any cause whatsoeverSublease, nor shall Landlord have any duty or obligation to make any payment to be made by Tenant under the Sublease or the Lease, or to present or file any claim, or to take any other action to collect or enforce the payment of any amounts which have been assigned to Landlord or to which it may be entitled hereunder at any time or times. Subject to subsection (d) below, the collection and application of the Sublease Rents or other charges, or any other action taken by Landlord in connection therewith, shall not (i) cure or waive any default under the Lease, (ii) waive or modify any notice thereof theretofore given by Landlord, (iii) create any direct tenancy between Landlord and Subtenant, or (iv) otherwise limit in any way the rights of Landlord hereunder or under the Lease.
(c) Tenant, at its expense, will execute and deliver all such instruments and take all such action as Landlord, from time to enforce such time, may reasonably request in order to obtain the full benefits of the assignment or to collect any rent or other consideration payable provided for in this Paragraph 12.
(d) All Sublease Rents collected by any subtenant Landlord (less the cost of collection reasonably incurred, including, without limitation, reasonable attorneys’ fees) under this Paragraph 12 will be deemed to create or impose any liability on Landlord to any such subtenantapplied against Tenant’s obligations under the Lease.
Appears in 1 contract
Samples: Office Lease (COUPONS.com Inc)
Assignment of Sublease Rents. Tenant hereby absolutely assigns and irrevocably assigns transfers to Landlord any and all rights to receive of Tenant's interest in all rent and other consideration income arising from any sublease heretofore or hereafter made, and agrees that Landlord, as assignee or as attorney-in-fact for Tenant for purposes hereof, or a receiver for Tenant appointed on Landlord’s application Landlord may (but shall not be obligated to) collect such rents rent and other consideration income and apply the same toward Tenant’s 's obligations to Landlord under this Lease; provided, however, that until Tenant shall be in default hereunder, Tenant may receive, collect and enjoy the rent and income accruing under such sublease. Landlord grants to Tenant at all times prior to occurrence shall not, by reason of this or any breach other assignment, nor by reason of the collection of rent or default by Tenant income from a revocable license to collect such rents (which license shall automatically and without notice be and sublessee, be deemed liable to have been revoked and terminated immediately upon such sublessee for any Event of Default). Notwithstanding the foregoing, such assignment to Landlord of the rights to receive rent and other consideration from any sublease and to collect the same shall not be deemed to create any privity of contract or estate as between Landlord and any subtenant, or be construed as an assumption by Landlord of any liability or obligation failure of Tenant to perform and comply with any subtenant or as an agreement of Tenant's obligations under such sublease. Tenant hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Landlord stating that Tenant is in default hereunder, to pay to Landlord the rent and income due and to become due under such sublease. Tenant agrees that such sublessee shall have the right to rely upon any such statement and request by Landlord and that such sublessee shall pay rent and income to recognize Landlord without any sublease obligation or right to inquire as to whether such default exists and notwithstanding any notice or claim from Tenant to the rights contrary. Tenant shall have no right or interests of claim against such sublessee or Landlord for any subtenant thereunder in the event of the expiration or any earlier termination of this Lease from any cause whatsoever, nor shall any action taken by Landlord to enforce such assignment or to collect any rent or other consideration payable income so paid by any subtenant be deemed such sublessee to create or impose any liability on Landlord to any such subtenantLandlord.
Appears in 1 contract
Samples: Office Lease (Ministry Partners Investment Company, LLC)
Assignment of Sublease Rents. (a) Subject to the license granted in this paragraph, Tenant hereby absolutely unconditionally and irrevocably grants, transfers, assigns and sets over to Landlord all of Tenant's interest in the rents, issues and profits of the Sublease (collectively, the “Sublease Rents”), together with full power and authority, in the name of Tenant, or otherwise, to demand, receive, enforce, collect or receipt for any or all of the foregoing, to endorse or execute any checks or other instruments or orders, to file any claims and all to take any other action which Landlord may deem necessary or advisable in connection therewith; provided, that no exercise of such rights to receive rent and other consideration by Landlord shall release Tenant from any sublease of its obligations under the Lease or the Sublease. Tenant and agrees Landlord intend that Landlordthe assignment described in this Paragraph 12 shall be a present, as assignee or as attorney-in-fact for Tenant for purposes hereofactual, or a receiver for Tenant appointed on Landlord’s application may (but shall not be obligated to) collect such rents absolute and other consideration and apply the same toward Tenant’s obligations to Landlord under this Leaseunconditional assignment; provided, however, that except to the extent specified by Landlord grants in a notice or demand given to Tenant at all times prior and Subtenant exercising Landlord’s right to occurrence of any breach or default by collect the Sublease Rents directly from Subtenant, Tenant shall have a revocable license to collect such rents the Sublease Rents, but neither prior to accrual nor more than one month in advance (which license shall automatically except for security deposits and without notice be and be deemed to have been revoked and terminated immediately upon any Event of Defaultescalations provided for in the Sublease). Notwithstanding Tenant hereby irrevocably authorizes Subtenant to rely upon and comply with any such notice or demand by Landlord for the foregoing, such assignment payment to Landlord of any Sublease Rents due or to become due. Landlord shall be accountable only for the rights to receive rent Sublease Rents actually collected hereunder and other consideration from not for the rental value of the Subleased Premises.
(b) Neither this Consent nor the assignment described in this Paragraph 12 nor any sublease and to collect action or inaction on the same part of Landlord shall not be deemed to create any privity of contract or estate as between Landlord and any subtenant, or be construed as constitute an assumption by on the part of Landlord of any liability duty or obligation of Tenant to any subtenant or as an agreement by Landlord to recognize any sublease or under the rights or interests of any subtenant thereunder in the event of the expiration or any earlier termination of this Lease from any cause whatsoeverSublease, nor shall Landlord have any duty or obligation to make any payment to be made by Tenant under the Sublease or the Lease, or to present or file any claim, or to take any other action to collect or enforce the payment of any amounts which have been assigned to Landlord or to which it may be entitled hereunder at any time or times. The collection and application of the Sublease Rents or other charges, or any other action taken by Landlord in connection therewith, shall not (i) cure or waive any default under the Lease, (ii) waive or modify any notice thereof theretofore given by Landlord, (iii) create any direct tenancy between Landlord and Subtenant, or (iv) otherwise limit in any way the rights of Landlord hereunder or under the Lease.
(c) Tenant, at its expense, will execute and deliver all such instruments and take all such action as Landlord, from time to enforce such time, may reasonably request in order to obtain the full benefits of the assignment or to collect any rent or other consideration payable provided for in this Paragraph 12.
(d) All Sublease Rents collected by any subtenant Landlord (less the cost of collection reasonably incurred, including, without limitation, reasonable attorneys’ fees) under this Paragraph 12 will be deemed to create or impose any liability on Landlord to any such subtenantapplied against Tenant’s obligations under the Lease.
Appears in 1 contract
Assignment of Sublease Rents. (a) Subject to the license granted in this paragraph, Tenant hereby absolutely unconditionally and irrevocably grants, transfers, assigns and sets over to Landlord all of Tenant’s interest in the rents, issues and profits of the Sublease (collectively, the “Sublease Rents”), together with full power and authority, in the name of Tenant, or otherwise, to demand, receive, enforce, collect or receipt for any or all of the foregoing, to endorse or execute any checks or other instruments or orders, to file any claims and all to take any other action which Landlord may deem necessary or advisable in connection therewith; provided, that no exercise of such rights to receive rent and other consideration by Landlord shall release Tenant from any sublease of its obligations under the Lease or the Sublease. Tenant intends that the assignment described in this Paragraph 12 shall be a present, actual, absolute and agrees that Landlord, as assignee or as attorney-in-fact for Tenant for purposes hereof, or a receiver for Tenant appointed on Landlord’s application may (but shall not be obligated to) collect such rents and other consideration and apply the same toward Tenant’s obligations to Landlord under this Leaseunconditional assignment; provided, however, that except to the extent specified by Landlord grants in a notice or demand given to Tenant at all times prior and Subtenant exercising Landlord’s right to occurrence of any breach or default by collect the Sublease Rents directly from Subtenant, Tenant shall have a revocable license to collect such rents the Sublease Rents, but neither prior to accrual nor more than one month in advance (which license shall automatically except for security deposits and without notice be and be deemed to have been revoked and terminated immediately upon any Event of Defaultescalations provided for in the Sublease). Notwithstanding Tenant hereby irrevocably authorizes Subtenant to rely upon and comply with any such notice or demand by Landlord for the foregoing, such assignment payment to Landlord of any Sublease Rents due or to become due, and Subtenant will have no obligation to inquire as to the rights to receive rent and other consideration from propriety of any sublease and to collect the same shall not be deemed to create any privity of contract such notice or estate as between Landlord and any subtenantdemand, or to see to the application of any amounts so paid. Landlord shall be construed as accountable only for the Sublease Rents actually collected hereunder and not for the rental value of the Subleased Premises.
(b) Neither this Agreement nor the assignment described in this Paragraph 12 nor any action or inaction on the part of Landlord shall constitute an assumption by on the part of Landlord of any liability duty or obligation of Tenant to any subtenant or as an agreement by Landlord to recognize any sublease or under the rights or interests of any subtenant thereunder in the event of the expiration or any earlier termination of this Lease from any cause whatsoeverSublease, nor shall Landlord have any duty or obligation to make any payment to be made by Tenant under the Sublease or the Lease, or to present or file any claim, or to take any other action to collect or enforce the payment of any amounts which have been assigned to Landlord or to which it may be entitled hereunder at any time or times. The collection and application of the Sublease Rents or other charges, or any other action taken by Landlord in connection therewith, shall not (i) cure or waive any default under the Lease, (ii) waive or modify any notice thereof theretofore given by Landlord, (iii) create any direct tenancy between Landlord and Subtenant, or (iv) otherwise limit in any way the rights of Landlord hereunder or under the Lease.
(c) Tenant, at its expense, will execute and deliver all such instruments and take all such action as Landlord, from time to enforce such time, may reasonably request in order to obtain the full benefits of the assignment or to collect any rent or other consideration payable provided for in this Paragraph 12.
(d) All Sublease Rents collected by any subtenant Landlord (less the cost of collection reasonably incurred, including, without limitation, reasonable attorneys’ fees) under this Paragraph 12 will be deemed to create or impose any liability on Landlord to any such subtenantapplied against Tenant’s obligations under the Lease.
Appears in 1 contract
Samples: Sublease (Chiasma, Inc)