ASSIGNMENT OR SUBLEASING. Tenant will not sublet any part of the premises or assign this Agreement without the written permission of the Landlord. Only those Tenants named on this lease may reside in the leased premises. Tenant agrees not to allow any other persons to occupy said premises hereby rented except in the case of casual visits of friends or guests. Tenant shall not allow more than two overnight guests to stay on the premises more than seven (7) days per month without written consent of Lessor. The same guest may not return for thirty 30) days following his or her visit. Subleasing is permitted under the following conditions: Tenant receives written approval from Lessor for each subletting or change of roommate, Lessor has ample time to receive a Rental Application & fee, conduct background check and has received an adequate security deposit. Expense for background check and any advertising associated with the subleases shall be the responsibility of the Tenant/Sub-Tenant. Lessor, at any time, has the discretion to place its own advertising in local papers to help the Tenant(s) lease their premises, but the cost of the advertising will be billed or deducted from the Tenant(s) security deposit. Lessor may deny any Tenant(s) from sub-letting his/her premises unless the Tenant(s) account is paid in full and satisfied. Tenant agrees to give Lessor a thirty (30) days of their request to sublet and understands they will be charged a minimum of $100.00 for each sublet, assignment, or roommate change that requires the lease to be changed or released. Tenant agrees that it is their sole responsibility to find a suitable person(s). In the event, it is necessary for the Lessor to solicit prospective subrenter and shows the rental unit, the re-leasing fee will be $300.00.
Appears in 3 contracts
Samples: Lease Contract, Lease Contract, Lease Contract
ASSIGNMENT OR SUBLEASING. Tenant will not sublet any part (a) Any activity with respect to this Sublease which could be construed to be covered by the “Assignment and Subletting” provisions of Paragraph 18 (as modified by this Sublease) of the premises Master Lease shall be subject to the consent of Sublandlord in addition to the consent of Master Landlord, as set forth in Paragraph 18 of the Master Lease. Subject to Paragraph 18 of the Master Lease, including, without limitation, Master Landlord’s rights to fifty percent (50%) of any sums above the rate paid by Sublandlord under the Master Lease (after subtracting out-of-pocket market rate leasing commissions paid to third party brokers), Subtenant shall be entitled to fifty percent (50%) of the remaining excess compensation or consideration for rents received on any sub-sublease or assignment of the Sublease in excess of the rents charged under the higher of (i) this Sublease or (ii) the Master Lease, after subtracting out-of-pocket market rate leasing commissions paid to third party brokers to the extent not already subtracted above. Subtenant shall have the same rights and obligations as Sublandlord under the provisions of Paragraph 18(b) of the Master Lease, except that (i) the definition of Affiliate in Paragraph 18(b)(i) (National Broadcasting Company, Inc.) shall be deemed deleted as to Subtenant, and (ii) the definition of Affiliate shall be deemed to include a subsidiary of Subtenant.
(b) Notwithstanding anything in this Sublease to the contrary, a sale of the assets, stock or ownership interests of Subtenant shall not require the consent of Sublandlord hereunder; provided that the successor or purchaser shall have a net worth equal to or greater than Subtenant on the day prior to such sale. Moreover, Subtenant shall have the right, without the consent of Sublandlord (a “Permitted Transfer”) either (a) to sublet the Subleased Premises, or portions thereof, or (b) to assign this Agreement without the written permission Sublease in connection with any of the Landlordfollowing: (1) sale of any of the stock or ownership interests or assets of Subtenant, (2) merger or consolidation of Subtenant, (3) an assignment or sublet or management or similar arrangement to an entity which is, directly or indirectly, controlled by, controlling or under common control with Subtenant; provided that in each case the transferee, sublessee or assignee shall have a net worth equal to or greater than Subtenant on the day prior to such sale. Only those Tenants named on without Sublandlord’s consent. Sublandlord shall have no right to increase the Rent under this lease may reside Sublease, to recapture any or all of the Subleased Premises or terminate the Sublease in connection with such Permitted Transfer; provided, however, that Subtenant shall reimburse Sublandlord for its actual, out-of-pocket expenses incurred in connection with such Permitted Transfer. Any sublet or assignment hereunder shall not release or discharge Subtenant or from any liability, whether past, present, or future, under this Sublease, and Subtenant shall continue fully liable thereunder. Subtenant shall deliver to Sublandlord promptly after the effective date of any such transfer, an executed copy of each such sublease or assignment.
(c) Subtenant acknowledges that any assignment, sublease or transfer (including without limitation a Permitted Transfer) shall require the consent of the Master Landlord to the extent set forth in the leased premises. Tenant agrees not to allow any other persons to occupy said premises hereby rented except in the case of casual visits of friends or guests. Tenant shall not allow more than two overnight guests to stay on the premises more than seven (7) days per month without written consent of Lessor. The same guest may not return for thirty 30) days following his or her visit. Subleasing is permitted under the following conditions: Tenant receives written approval from Lessor for each subletting or change of roommate, Lessor has ample time to receive a Rental Application & fee, conduct background check and has received an adequate security deposit. Expense for background check and any advertising associated with the subleases shall be the responsibility of the Tenant/Sub-Tenant. Lessor, at any time, has the discretion to place its own advertising in local papers to help the Tenant(s) lease their premises, but the cost of the advertising will be billed or deducted from the Tenant(s) security deposit. Lessor may deny any Tenant(s) from sub-letting his/her premises unless the Tenant(s) account is paid in full and satisfied. Tenant agrees to give Lessor a thirty (30) days of their request to sublet and understands they will be charged a minimum of $100.00 for each sublet, assignment, or roommate change that requires the lease to be changed or released. Tenant agrees that it is their sole responsibility to find a suitable person(s). In the event, it is necessary for the Lessor to solicit prospective subrenter and shows the rental unit, the re-leasing fee will be $300.00Master Lease.
Appears in 1 contract
ASSIGNMENT OR SUBLEASING. Tenant will Lessee shall not sublet assign this lease nor any interest therein, and shall not sublease the leased premises or any part of thereof or any right or privilege appurtenant thereto, or suffer any other person to occupy or use the leased premises or assign this Agreement any portion thereof without the written permission consent of the LandlordLessor first had and obtained, and a consent to one assignment, subletting, occupation or use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Only Any such assignment or subletting without Lessor's consent shall be void and shall, at Lessor's option, terminate this lease. Said consent shall not be unreasonably withheld. Xxxxxx agrees that it will promptly furnish Lessor the information necessary for Lessor to consider such request. Provided that such information is provided in a timely manner and fully addresses those Tenants named factors Lessor will assess in considering such request, County agrees to use its best efforts to place the request for assignment or subleasing on the agenda of the next available Board meeting following receipt of the information. In evaluating a request for assignment or subleasing, the Lessor will consider the following factors:
a) That each of the assignees has the requisite qualifications, experience, background and financial capacity to provide the services provided for in the current lease agreement and carry out the obligations thereof consistently and without prejudice to the public.
b) That the interest and oversight of the Lessor to control any subsequent assignment or subleasing of the lease be and is protected in all relevant documents that may be necessaryfor the effectuation of the assignment or subletting.
c) That appropriate guarantees are in place so that Lessor will have recourse in the event that the assignee is not successful in providing the services contemplated by the current lease agreement.
d) That individually and collectively, the assignees meet and satisfy the higher standards for honesty and credibility attendant to any arrangement involving the use of public property with access to public funds. In the event an assignment of Xxxxxx’s rights under this lease may reside in the leased premises. Tenant agrees not is made to allow any a firm or individual other persons to occupy said premises hereby rented except in the case of casual visits of friends or guests. Tenant shall not allow more than two overnight guests to stay on the premises more than seven (7) days per month without written consent immediate family of Lessor. The same guest may not return for thirty 30) days following his or her visit. Subleasing is permitted under the following conditions: Tenant receives written approval from Lessor for each subletting or change of roommate, Lessor has ample time to receive a Rental Application & fee, conduct background check and has received an adequate security deposit. Expense for background check and any advertising associated with the subleases this lease shall be the responsibility subject to renegotiation. For purposes of this section, “immediate family” shall mean parents, wife/husband, children, brothers and sisters. This section does not apply to short term use of the Tenant/Sub-Tenant. Lessor, at any time, has the discretion to place its own advertising in local papers to help the Tenant(s) lease their premises, but the cost facility or use of the advertising will be billed or deducted from the Tenant(s) security deposit. Lessor may deny any Tenant(s) from sub-letting his/her premises unless the Tenant(s) account is paid in full and satisfied. Tenant agrees to give Lessor a facility for emergency services for purposes of this provision, "short term” use shall mean less than thirty (30) days days.Authorization for short term use of their request the facility may be given by the County Administrator.This section does not apply to sublet transfers of ownership interests within Lessee's LLC so long as such transfer does not result in a transfer of management control from Lessee all and understands they will be charged so long as Lessee remains a minimum member of $100.00 for each sublet, assignment, or roommate change that requires the lease to be changed or releasedLLC. Tenant agrees that it is their sole responsibility to find a suitable person(s). In Notwithstanding the eventaforementioned exceptions, it is necessary for contemplated that any assignment or subleasing will not act as a novation with respect to the Lessor to solicit prospective subrenter and shows the rental unit, the re-leasing fee will be $300.00current Lessee.
Appears in 1 contract
Samples: Fbo Commercial Lease
ASSIGNMENT OR SUBLEASING. Tenant will not sublet any part of the premises or assign this Agreement without the written permission of the Landlord. Only those Tenants named on this lease may reside in the leased premises. Tenant agrees not to allow any other persons to occupy said premises hereby rented except in the case of casual visits of friends or guests. Only those Tenants named on this lease may reside in the leased premises. Tenant shall not allow more than two one overnight guests guest to stay on the premises more than seven (7) days per month without written consent of Lessor. The same guest may not return for thirty (30) days following his or her visit. Tenants understand and will abide by the City of Boulder ordinance allowing no more than 3 or 4 unrelated persons to occupy a residence as area dictates. Boulder Property Management Corp. is required by the City of Boulder to report any known over-occupancy of leased premises. Should the Lessor discover any person(s) not on the lease but living in the unit, then Tenants hereby understand that this violation of the lease contract constitutes grounds for eviction, twenty-five (25%) of the Tenant’s security deposit will automatically be forfeited in addition to any actual damages, and Tenants are held liable for the balance of the lease term. Subleasing is permitted under the following conditions: provided Tenant receives has notified Lessor and received written approval of Sub-Tenant(s) from Lessor for each subletting or change of roommate, and Lessor has ample time had opportunity to receive a Rental Application & feecomplete background, conduct credit, and criminal checks. The background check and has received an adequate security deposit. Expense for background check checks and any advertising expenses associated with the subleases shall in renting out an apartment will be the sole responsibility of the Tenant/Sub-Tenant. Lessor, at any time, has the discretion to place its own advertising in local papers to help the Tenant(s) lease their premises, but the . The cost of the advertising will be billed or deducted from the Tenant(s) security deposit. Lessor reserves the right to continue to hold all original Tenants liable and responsible for the original Lease term even though a suitable replacement Tenant is found. It is the sole responsibility of the Tenant to find a suitable Sub-Tenant or roommate if the Tenant wishes to sublet. Keep in mind however, Lessor may deny any Tenant(s) from sub-letting his/her premises unless the Tenant(s) financial account with Boulder Property Management is paid in full and satisfied. Should the original tenant sublet his or her unit/apartment, and the subtenant vacates or abandons the property, Lessor has the sole discretion without prior permission from original Tenant, to have the apartment cleaned and the rent adjusted down in order to mitigate damages, and the original tenant will be completely responsible for the rent difference, the “subsidy amount”, plus any additional damages and charges to the unit/apartment. The Tenant agrees to give Lessor a thirty fifteen (3015) days of their request day written notice to sublet and understands they will be charged a minimum 50% of one month’s rent to sublet the entire unit with financial liability. Only at Lessor’s discretion, the vacating Tenant(s) may all be able to be completely removed from the lease contract, without any financial liability, by paying 100% of one months rent instead of the 50% of one months rent with financial liability. If there is more than 1 person living in the unit and one of the Tenants moves out, then that Tenant will only be charged $100.00 175.00 for each sublet, assignment, or roommate change that requires for services rendered and the original Tenant(s) will remain financially liable on the lease contract. Only at Lessor’s discretion, the vacating Tenant may be able to be changed or releasedcompletely removed from the lease contract, without any financial liability, by paying $325.00 instead of the $175.00 roommate change with financial liability. Tenant agrees BPM requires that it is should a new roommate take the place of another tenant, BPM will need all remaining roommates to sign the Roommate Change Form acknowledging their sole responsibility to find approval, thus making the contract legal and binding. (Please contact a suitable person(sBPM agent for further detail regarding this procedure.). In the event, it is necessary for the Lessor to solicit prospective subrenter and shows the rental unit, the re-leasing fee will be $300.00.
Appears in 1 contract
Samples: Lease Agreement
ASSIGNMENT OR SUBLEASING. a. Notwithstanding anything contained in this Lease to the contrary, Tenant will may not sublet assign hypothecate, pledge or otherwise transfer its interest in this Lease without the prior written consent of Landlord, which may be withheld in the sole and absolute discretion of Landlord, unless such assignment is to a successor-by-merger or an entity controlling, controlled by or under common control with Tenant. (For purposes of the preceding sentence, the term "control" and the derivatives thereof means the ownership of more than fifty percent (50%) of the equity interests in an entity.) Tenant may not sublease the Demised Premises, in whole or in part, without the prior written consent of Landlord, which may be withheld in Landlord's sole and absolute discretion. For purposes of this Section 17 any transfer of 25% or more of the ownership interest in Tenant, any change in the general partner of Tenant or sale of all or substantially all of the assets of Tenant shall be deemed an assignment requiring Landlord's consent
b. Each sublease of the Leased Premises or any part thereof shall be subject and subordinate to the provisions of this Lease. In no event will any sublease be construed as a direct lease or other obligation between Landlord and any subtenant, provided, however, that notwithstanding the foregoing, Landlord shall be named as a third party beneficiary of all subtenants' respective obligations under all subleases. No assignment or sublease shall affect or reduce any of the premises obligations of Tenant hereunder, and all such obligations shall continue in full force and effect as obligations of a principal and not as obligations of a guarantor, as if no assignment or assign this Agreement without the written permission sublease had been made, and no assignment or sublease shall offset or reduce any of the Landlordobligations of the Guarantor under the Guaranty. Only those Tenants named Notwithstanding any assignment or subletting Tenant shall continue to remain primarily liable and responsible for the payment of the Basic Rent and Additional Rent and the performance of all its other obligations under this Lease, as and when required to be paid and performed hereunder. No assignment or sublease shall impose any obligations on Landlord under this lease may reside Lease except as otherwise provided in the leased premisesthis Lease. Tenant agrees not to allow any other persons to occupy said premises hereby rented except that in the case of casual visits an assignment of friends the Lease, Tenant shall, within fifteen (15) days after the execution and delivery of any such assignment, deliver to Landlord (i) a duplicate original of such assignment in recordable form and (ii) an agreement executed and acknowledged by the assignee in recordable form (and in a form acceptable to Landlord and Lender) wherein the assignee shall agree to assume and agree to observe and perform all of the terms and provisions of this Lease on the part of the Tenant to be observed and performed from and after the date of such assignment. In the case of a sublease, Tenant shall, within fifteen (15) days after the execution and delivery of such sublease, deliver to Landlord a duplicate original of such sublease.
c. Consent by Landlord to one or guestsmore assignments of this Lease or to one or more sublettings of all or part of the Leased Premises shall not be deemed to be a consent to any subsequent assignment or subletting. Any assignment or subletting without Landlord's consent shall be void and, in addition, shall constitute a breach of this Lease. Tenant shall reimburse Landlord as additional rent the greater of: (i) $1,500; and, (ii) Landlord's reasonable attorney's fees (not allow more than two overnight guests to stay on exceed $2,500) and costs incurred in conjunction with the premises more than seven (7) days per month without written consent processing and documentation of Lessor. The same guest may not return for thirty 30) days following his or her visit. Subleasing is permitted under the following conditions: Tenant receives written approval from Lessor for each subletting or any such requested assignment, subletting, transfer, change of roommateownership or hypothecation of this Lease or Tenant's interest in and to the Leased Premises.
d. Upon the occurrence of an Event of Default under this Lease, Lessor has ample time Landlord shall have the right to receive a Rental Application & fee, conduct background check collect and has received an adequate security deposit. Expense for background check enjoy all rents and other sums of money payable under any advertising associated with the subleases shall be the responsibility sublease of any of the Tenant/Sub-Tenant. LessorLeased Premises, at any timeand Tenant hereby irrevocably and unconditionally assigns such rents and money to Landlord, has which assignment may be exercised upon and after (but not before) the discretion to place its own advertising in local papers to help the Tenant(s) lease their premises, but the cost occurrence of the advertising will be billed or deducted from the Tenant(s) security deposit. Lessor may deny any Tenant(s) from sub-letting his/her premises unless the Tenant(s) account is paid in full and satisfied. Tenant agrees to give Lessor a thirty (30) days an Event of their request to sublet and understands they will be charged a minimum of $100.00 for each sublet, assignment, or roommate change that requires the lease to be changed or released. Tenant agrees that it is their sole responsibility to find a suitable person(s). In the event, it is necessary for the Lessor to solicit prospective subrenter and shows the rental unit, the re-leasing fee will be $300.00Default.
Appears in 1 contract
Samples: Lease Agreement (Dave & Busters Inc)
ASSIGNMENT OR SUBLEASING. (a) Without Landlord's prior written consent, which Landlord may withhold in its sole discretion, Tenant will not sublet (i) voluntarily or involuntarily assign, mortgage or pledge this Lease Agreement for Forest Park Medical Center at Southlake Lease, or (ii) advertise that any portion of the Leased Premises is available for lease. If Landlord consents to an assignment, Landlord will document its consent. No assignment, whether in violation hereof, approved by Landlord or permitted under this Paragraph 18 relieves Tenant from liability or the obligation to comply with the provisions of this Lease and notwithstanding any such assignment, Tenant shall continue to remain fully liable for all liabilities and obligations under this Lease. Landlord's consent to an assignment is not consent to any other assignment. Any assignment without Landlord's consent shall be void and in addition shall constitute an Event of Default.
(b) Unless Tenant is a corporation of which all the outstanding shares of stock regularly entitled to vote for the election of directors of the corporation are listed on a national securities exchange (as defined in the Securities Exchange Act of 1934, as amended), the voluntary or involuntary transfer, whether directly or indirectly, of a controlling interest in the stock, partnership interests, membership interests or other ownership interests of Tenant shall be deemed to be an assignment of this Lease for which Landlord's prior written consent is required. Any such transfer without such consent shall be an Event of Default under this Lease without further notice to Tenant. As used herein, a “controlling interest” shall mean, with respect to any corporation, limited liability company, partnership or other legal entity, the possession, directly or indirectly, of the power to cause the direction of the management and policies of Tenant or such other corporation, limited liability company, partnership or other legal entity, whether through the ownership of voting securities, partnership interests or other equity interests, or otherwise, and shall include specifically, but without limitation, each of (i) any general partner's interest in any partnership, (ii) any manager's or managing member's interest in the Tenant, and (iii) a majority of the outstanding ownership interests in any entity.
(c) In the case of an assignment of this Lease, Tenant shall, within fifteen (15) days after the execution and delivery of any such assignment, deliver to Landlord (i) a duplicate original of such assignment, (ii) an agreement executed and acknowledged by the assignee wherein the assignee shall agree to assume and agree to observe and perform all of the terms and provisions of this Lease on the part of the premises Tenant to be observed and performed from and after the date of such assignment, and (iii) an executed instrument in recordable form to amend any Memorandum of this Lease that has been recorded.
(d) Tenant shall reimburse Landlord as Additional Rent One Thousand Dollars ($1,000.00) to be applied toward Landlord's legal fees and costs incurred in conjunction with the processing and documentation of any such assignment, transfer, change of ownership, mortgage, or assign encumbrance of this Agreement without Lease or Tenant's interest in and to the written permission of the Landlord. Only those Tenants named on this lease may reside in the leased premises. Tenant agrees not to allow any other persons to occupy said premises hereby rented except in the case of casual visits of friends or guests. Leased Premises.
(e) Tenant shall not allow more than two overnight guests have the right to stay on sublease any portion of the premises more than seven Leased Premises without Landlord's prior written consent, not to be unreasonably withheld or delayed. If Landlord consents to a sublease, Tenant shall deliver a duplicate original to Landlord within fifteen (715) days per month without written consent of Lessorafter full execution thereof. The same guest may not return for thirty 30) days following his No sublease, whether in violation hereof, approved by Landlord or her visit. Subleasing is permitted under this Paragraph 18 relieves Tenant from liability or the following conditions: obligation to comply with the provisions of this Lease and notwithstanding any such sublease, Tenant receives written approval from Lessor shall continue to remain fully liable for each subletting or change all liabilities and obligations under this Lease. Landlord's consent to a sublease is not consent to any other sublease. Any sublease without Landlord's consent shall be void and in addition shall constitute an Event of roommateDefault. Upon the occurrence and during the existence of an Event of Default under this Lease, Lessor has ample time Landlord shall have the right to Lease Agreement for Forest Park Medical Center at Southlake collect all rents and other sums of money payable under any sublease of any of the Leased Premises, in which case Tenant shall receive a Rental Application & fee, conduct background check and has received an adequate security deposit. Expense for background check credit against Basic Rent and any advertising associated with other sums owing to Landlord pursuant to the subleases shall be terms of this Lease in the responsibility amount of Tenant's share of the Tenant/Sub-Tenant. Lessor, at any time, has the discretion to place its own advertising in local papers to help the Tenant(s) lease their premises, but the cost of the advertising will be billed or deducted from the Tenant(s) security deposit. Lessor may deny any Tenant(s) from sub-letting his/her premises unless the Tenant(s) account is paid in full and satisfied. Tenant agrees to give Lessor a thirty (30) days of their request to sublet and understands they will be charged a minimum of $100.00 for each sublet, assignment, or roommate change that requires the lease to be changed or released. Tenant agrees that it is their sole responsibility to find a suitable person(s). In the event, it is necessary for the Lessor to solicit prospective subrenter and shows the rental unit, the re-leasing fee will be $300.00payments received by Landlord.
Appears in 1 contract
Samples: Lease Agreement (Griffin-American Healthcare REIT III, Inc.)