Assignment or Sublease. Tenant may not assign this Lease or the rights hereunder or sublet the Leased Premises or any part thereof without the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. In the event of any such assignment or sublease, Tenant shall nevertheless, remain liable for the payment of all rent required to be paid hereunder and for the performance of all the terms, covenants and conditions herein undertaken by the Tenant. Tenant shall be obligated to collect all rent to be paid pursuant to such assignment or sublease. Any assignee or sublessee of this Lease shall, by reason or such assignment or sublease, be considered as having assumed and become bound by all of the Tenant's obligations hereunder. Any assignee or sublessee shall take this Lease and assignment or sublease subject to all prior breaches of the Tenant's covenants herein and shall be liable therefor in the same manner as the Tenant or prior assignee or sublessee is responsible therefor.
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Assignment or Sublease. The Tenant may covenants and agrees not to encumber or assign this Lease, or sublet all or any part of the Leased Premises without the written consent of the Landlord, which consent may be withheld upon any condition, including but not limited to the condition that rent be adjusted to such rates as may be acceptable to Landlord. Such assignment shall in no way relieve the Tenant from any obligations, covenants and provisions of this Lease. If Landlord grants its consent to an assignment or subletting, Base Annual Rent under this Lease shall thereafter be the greater of (a) the Base Annual Rent payable as per terms and conditions of this Lease, or (b) the rights hereunder rent payable by the assignee or subtenant (including any consideration paid by assignee or subtenant to Tenant for the sublease). In no event shall Tenant assign or sublet the Leased Premises upon any terms, conditions and covenants other than those contained herein. In no event shall this Lease be assigned or be assignable by operation of law or by voluntary or involuntary bankruptcy proceedings or otherwise, and in no event shall this Lease or any part thereof rights or privileges hereunder be an asset of Tenant under any bankruptcy, insolvency or reorganization proceedings. Landlord shall have the right to sue the Tenant without the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. In the event of obligation to join any such assignment or sublease, Tenant shall nevertheless, remain liable for the payment of all rent required to be paid hereunder and for the performance of all the terms, covenants and conditions herein undertaken by the Tenant. Tenant shall be obligated to collect all rent to be paid pursuant to such assignment or sublease. Any assignee or sublessee of this Lease shall, by reason or such assignment or sublease, be considered as having assumed and become bound by all of the Tenant's obligations hereunder. Any assignee or sublessee shall take this Lease and assignment or sublease subject to all prior breaches of the Tenant's covenants herein and shall be liable therefor in the same manner as the Tenant or prior assignee or sublessee is responsible thereforsuit.
Appears in 1 contract
Samples: Lease Agreement
Assignment or Sublease. Landlord shall have the right to transfer and assign, in whole or in part, its rights and obligations in this Lease. Tenant may not assign this Lease or sublet all (but not any part) of the rights hereunder or sublet Premises with the Leased Premises or any part thereof without the prior written consent of Landlord, Landlord which consent shall not be unreasonably withheld, conditioned or delayedwithheld provided such assignee assumes the obligations of Landlord under this Lease. In the event Upon receipt from Tenant of written request for Landlord's consent to any such proposed assignment or sublease, Landlord shall have the option, by notice delivered to Tenant on or before fifteen (15) days after receipt of tenant's notice to Landlord, to terminate this Lease as of the date the proposed assignment or sublease would have been effective. The failure of Landlord to exercise its option hereunder shall nevertheless, remain liable for the payment of all rent required not be deemed to be paid hereunder and for the performance consent of all the terms, covenants and conditions herein undertaken by the Tenant. Tenant shall be obligated Landlord to collect all rent to be paid pursuant to such any proposed assignment or sublease. Any assignee or sublessee of this Lease shallIN THE EVENT LANDLORD CONSENTS TO ANY PROPOSED ASSIGNMENT OR SUBLEASE, by reason or such assignment or subleaseTENANT SHALL NEVERTHELESS AT ALL TIMES, be considered as having assumed and become bound by all of the Tenant's obligations hereunder. Any assignee or sublessee shall take this Lease and assignment or sublease subject to all prior breaches of the Tenant's covenants herein and shall be liable therefor in the same manner as the Tenant or prior assignee or sublessee is responsible thereforREMAIN FULLY RESPONSIBLE AND LIABLE FOR THE PAYMENT OF THE RENT AND FOR COMPLIANCE WITH ALL OF ITS OTHER OBLIGATIONS UNDER THIS LEASE.
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Samples: Lease Agreement (Mens Wearhouse Inc)
Assignment or Sublease. Except as provided herein, Tenant may shall not assign this Lease or the rights hereunder or sublet the Leased Premises or any part thereof or any interest therein, or sublet the Leased Premises in whole or in part, without the prior written consent of Landlord which Landlord shall not unreasonably withhold. Landlord agrees not to unreasonably withhold consent to an assignment of Tenant's rights under the Lease to Tenant's present or future lender, or to an assignment or a sublease to a tenant reasonably acceptable to Landlord, which consent provided that it is expressly agreed that as a condition of such consent, Landlord may require current financial statements from the proposed sublessee or assignee. Consent to one or more assignments or sublettings shall not be unreasonably withheldoperate as a waiver of Landlord's rights as to any subsequent assignments or sublettings. Notwithstanding any assignment or subletting, conditioned or delayedTenant shall at all time remain fully responsible and liable for the payment of rental herein specified and for the compliance with all of its other obligations under this Lease. In the event of connection with any such assignment or sublease, Tenant shall nevertheless, remain liable for the payment of all rent required to be paid hereunder pay Landlord its reasonable legal and for the performance of all the terms, covenants and conditions herein undertaken by the Tenant. Tenant shall be obligated to collect all rent to be paid pursuant to administrative costs incurred in approving such assignment or subleasesubletting. Any assignee attempted assignment, sublease, or sublessee other action by Tenant in violation of this Lease shall, by reason or such assignment or sublease, Section shall be considered as having assumed and become bound by all of the Tenant's obligations hereunder. Any assignee or sublessee shall take this Lease and assignment or sublease subject to all prior breaches of the Tenant's covenants herein void and shall be liable therefor in the same manner as the Tenant or prior assignee or sublessee is responsible thereforconstitute an Event of Default.
Appears in 1 contract
Samples: Lease Agreement (Farah Inc)
Assignment or Sublease. Tenant may shall not assign this Lease Lease, make any sublease of the Premises, or the rights hereunder or sublet the Leased Premises or permit occupancy of any part thereof by anyone other than Tenant (any such act being referred to herein as a "Transfer" and the other party to the transaction being referred to herein as a "Transferee"), or mortgage, pledge or otherwise transfer this Lease, without in each case obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord's sole discretion. Any Transfer or attempt to Transfer without Landlord's express written consent shall not be unreasonably withheldvoid, conditioned or delayed. In the event of any such assignment or sublease, Tenant and shall nevertheless, remain liable for the payment of all rent required to be paid hereunder and for the performance of all the terms, covenants and conditions herein undertaken by the Tenanta default under this Lease. Tenant shall be obligated reimburse Landlord for legal and other expenses incurred by Landlord in connection with any request for consent, up to collect all rent to be paid pursuant to such assignment $1,000. Notwithstanding any contrary provision herein, provided Tenant is not in default hereunder beyond any applicable grace or sublease. Any assignee or sublessee of notice period, Tenant may assign this Lease shallto any entity controlling, controlled by reason or such assignment under common control with Tenant, or subleaseany successor by merger, be considered as having assumed and become bound by consolidation or sale of all or substantially all of the Tenant's assets without Landlord's prior consent, provided the assignee is of sound financial condition, and provided further that the Tenant originally named herein shall remain fully liable for Tenant obligations hereunder. Any assignee or sublessee shall take , including, without limitation, the obligation to pay the rent and other amounts provided under this Lease and assignment or sublease subject to all prior breaches of the Tenant's covenants herein and shall be liable therefor in the same manner as the Tenant or prior assignee or sublessee is responsible thereforLease.
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Assignment or Sublease. Tenant may will not assign this Lease Lease, or the rights hereunder any interest hereunder, or sublet all or any portion of the Leased Premises or permit the use of the Premises by any part thereof party other than Tenant and its agents, and this Lease, or any interest hereunder, shall not be assigned by operation of law without Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, except that this Lease may be assigned and all or any portion of the Premises sublet without Landlord's consent to a wholly owned subsidiary or parent of Tenant, or to the entity with which or into which Tenant may merge, whether or not Tenant is the survivor of such merger, or to the purchaser of substantially all of the assets of Tenant located at the Premises, provided Tenant shall give Landlord written notice of such assignment. A transfer of Tenant's stock shall not be deemed an assignment. In the event such written consent shall be given, no other or subsequent assignment or subletting shall be made without the previous written consent of Landlord, which whose consent shall not be unreasonably withheld, conditioned or delayed. In the event the Premises or a portion thereof is sublet (other than in the event of any such assignment or sublease, a permitted transfer) rent paid to Tenant shall nevertheless, remain liable for in excess of the payment of all rent required to be paid payable hereunder and for the performance of all the terms, covenants and conditions herein undertaken by the Tenant. Tenant shall be obligated split equally between Landlord and Tenant after all costs are deducted which were incurred by Tenant attributable to collect all rent to be paid pursuant to subleasing such assignment or sublease. Any assignee or sublessee of this Lease shall, by reason or such assignment or sublease, be considered as having assumed and become bound by all of the Tenant's obligations hereunder. Any assignee or sublessee shall take this Lease and assignment or sublease subject to all prior breaches of the Tenant's covenants herein and shall be liable therefor in the same manner as the Tenant or prior assignee or sublessee is responsible thereforspace.
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Assignment or Sublease. A. Tenant may shall not sublet the leased premises without prior written consent of Landlord in each instance. Tenant shall not assign this Lease or the rights hereunder or sublet the Leased Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. In the event of any No such assignment or sublease, subletting shall be deemed a waiver of this covenant. The consent of Landlord to an assignment or subletting shall not relieve Tenant from obtaining a like consent to all additional assignments of this Lease or subletting. Tenant shall nevertheless, remain primarily liable for the payment of all rent required to be paid hereunder and for the performance of all terms herein, including rent payments. Landlord may condition its consent to any assignment or subletting upon the termsright to receive one-half (1/2) of any profit Tenant may realize on account of such assignment, covenants and conditions herein undertaken by transfer or subletting of the TenantPremises. Tenant For purposes of this subparagraph, “profit” shall be obligated mean any sum which the assignee, sub lessee or transferee is required to collect all rent pay, in excess of the rents required to be paid pursuant by Tenant to Landlord under this Lease.
B. Landlord may sell, assign or transfer the Premises or this Lease at any time, provided any purchaser, transferee or assignee shall take the Premises subject to the terms of this Lease. After such sale, assignment or sublease. Any assignee or sublessee of transfer by Landlord, Landlord shall have no further liability under this Lease shall, by reason or such assignment or sublease, be considered as having assumed and become bound by all of the Tenant's obligations hereunder. Any assignee or sublessee shall take this Lease and assignment or sublease subject to all prior breaches of the Tenant's covenants herein and shall be liable therefor in the same manner as the Tenant or prior assignee or sublessee is responsible thereforLease.
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Samples: Building Lease Agreement
Assignment or Sublease. Tenant may Lessor shall have the right to transfer and assign, in whole or in part, its rights and obligations in the building and property that are the subject of this Lease. Lessee shall not assign this Lease or the rights hereunder or sublet the Leased Premises all or any part thereof of the leased premises without the prior written consent of LandlordLessor. Lessor shall have the option, which upon receipt from Lessee of written request for Lessor's consent to subletting or assignment, to cancel this Lease as of the date the requested subletting or assignment is to be effective. The option shall not be unreasonably withheldexercised, conditioned or delayedif at all, within fifteen (15) days following Lessor's receipt of written notice by delivery to Lessee of written notice of Lessor's intention to exercise the option. In the event of any such assignment or subleasesubletting, Tenant Lessee shall neverthelessnevertheless at all times, remain fully responsible and liable for the payment of all the rent required to be paid hereunder and for the performance compliance with all of all its other obligations under the terms, provisions and covenants and conditions herein undertaken of this Lease. Upon the occurrence of an "event of default" as defined below, if all or any part of the leased premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the Tenant. Tenant shall be obligated to collect all rent to be paid pursuant to such assignment or sublease. Any assignee or sublessee of this Lease shall, subtenant all rents becoming due to Lessee by reason or such of the assignment or sublease, be considered as having assumed and become bound by Lessor shall have a security interest in all properties on the leased premises to secure payment of the Tenant's obligations hereundersuch sums. Any collection directly by Lessor from the assignee or sublessee subtenant shall take not be construed to constitute a novation or a release of Lessee from the further performance of its obligations under this Lease and assignment or sublease subject to all prior breaches of the Tenant's covenants herein and shall be liable therefor in the same manner as the Tenant or prior assignee or sublessee is responsible thereforLease.
Appears in 1 contract
Samples: Lease Agreement (AutoWeb, Inc.)
Assignment or Sublease. Tenant may Lessor shall have the right to transfer and assign, in whole or in part, its rights and obligations in the building and property that are the subject of this Lease. Lessee shall not assign this Lease or the rights hereunder or sublet the Leased Premises all or any part thereof of the leased premises without the prior written consent of LandlordLessor. Lessor shall have the option, which upon receipt from Lessee of written request for Lessor's consent to subletting or assignment, to cancel this Lease as of the date the requested subletting or assignment is to be effective. The option shall not be unreasonably withheldexercised, conditioned or delayedif at all, within fifteen (15) days following Lessor's receipt of such written request by delivery to Lessee of written notice of Lessor's intention to exercise the option. In the event of any such assignment or subleasesubletting, Tenant Lessee shall nevertheless, nevertheless at all times remain fully responsible and liable for the payment of all the rent required to be paid hereunder and for the performance compliance with all of all its other obligations under the terms, provisions and covenants and conditions herein undertaken of this Lease. Upon the occurrence of an "event of default" as defined below, if all or any part of the leased premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the Tenant. Tenant shall be obligated to collect all rent to be paid pursuant to such assignment or sublease. Any assignee or sublessee of this Lease shall, subtenant all rents becoming due to Lessee by reason or such of the assignment or sublease, be considered as having assumed and become bound by Lessor shall have a security interest in all properties on the leased premises to secure payment of the Tenant's obligations hereundersuch sums. Any collection directly by Lessor from the assignee or sublessee subtenant shall take not be construed to constitute a novation or a release of Lessee from the further performance of its obligations under this Lease and assignment or sublease subject to all prior breaches of the Tenant's covenants herein and shall be liable therefor in the same manner as the Tenant or prior assignee or sublessee is responsible thereforLease.
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Assignment or Sublease. Tenant may Lessor shall have the right to transfer and assign, in whole or in part, its rights and obligations in the building and property that are the subject of this Lease. Lessee shall not assign this Lease or the rights hereunder or sublet the Leased Premises all or any part thereof of the leased premises without the prior written consent of Landlord, Lessor (which consent shall not be unreasonably withheld, conditioned withheld or delayed). Notwithstanding the foregoing, Lessee may transfer and assign its rights and obligations, in whole or in part under this lease to any affiliate of Lessee without the consent of Lessor provided that such affiliate maintains the insurance required to be maintained by Lessee hereunder and if requested by Lessor shall provide Lessor with a Certificate of Insurance evidencing such coverage. In the event of any such assignment or subleasesubletting, Tenant Lessee shall nevertheless, nevertheless at all times remain fully responsible and liable for the payment of all the rent required to be paid hereunder and for the performance compliance with all of all its other obligations under the terms, provisions and covenants and conditions herein undertaken of this Lease. Upon the occurrence of an "event of default" as defined below, if all or any part of the leased premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the Tenant. Tenant shall be obligated assignee or subtenant all rents becoming due to collect all rent to be paid pursuant to such Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Any collection directly by Lessor from the assignee or subtenant shall not be construed to constitute a novation or a release of Lessee from the further performance of its obligations under this Lease. Nothing contained herein shall allow any assignee or sublessee of Lessee to transfer and assign, in whole or in part, its rights and obligations in the building and property that are the subject of this Lease shall, by reason or such assignment or sublease, be considered as having assumed and become bound by all of the Tenant's obligations hereunder. Any assignee or sublessee shall take this Lease and assignment or sublease subject to all prior breaches of the Tenant's covenants herein and shall be liable therefor in the same manner as the Tenant or prior assignee or sublessee is responsible thereforwhatsoever.
Appears in 1 contract
Samples: Real Estate Purchase Contract (Home Interiors & Gifts Inc)
Assignment or Sublease. Landlord shall have the right to transfer and assign, in whole or in part, its rights and obligations in this Lease. Tenant may not assign this Lease or sublet all (but not any part) of the rights hereunder or sublet Premises with the Leased Premises or any part thereof without the prior written consent of Landlord, Landlord which consent shall not be unreasonably withheld, conditioned or delayedwithheld provided such assignee assumes the obligations of Landlord under this Lease. In the event Upon receipt from Tenant of written request for Landlord's consent to any such proposed assignment or sublease, Landlord shall have the option, by notice delivered to Tenant on or before fifteen (15) days after receipt of Tenant's notice to Landlord, to terminate this Lease as of the date the proposed assignment or sublease would have been effective. The failure of Landlord to exercise its option hereunder shall nevertheless, remain liable for the payment of all rent required not be deemed to be paid hereunder and for the performance consent of all the terms, covenants and conditions herein undertaken by the Tenant. Tenant shall be obligated Landlord to collect all rent to be paid pursuant to such any proposed assignment or sublease. Any assignee or sublessee of this Lease shallIN THE EVENT LANDLORD CONSENTS TO ANY PROPOSED ASSIGNMENT OR SUBLEASE, by reason or such assignment or subleaseTENANT SHALL NEVERTHELESS AT ALL TIMES, be considered as having assumed and become bound by all of the Tenant's obligations hereunder. Any assignee or sublessee shall take this Lease and assignment or sublease subject to all prior breaches of the Tenant's covenants herein and shall be liable therefor in the same manner as the Tenant or prior assignee or sublessee is responsible thereforREMAIN FULLY RESPONSIBLE AND LIABLE FOR THE PAYMENT OF THE RENT AND FOR COMPLIANCE WITH ALL OF ITS OTHER OBLIGATIONS UNDER THIS LEASE.
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