ASSIGNMENT, SUBLETTING AND OWNERSHIP. A. Tenant shall have the absolute right to sublet, assign or otherwise transfer its interest in this Lease to any parent or operating subsidiary of Tenant, subsidiary of Tenant's parent, or to a corporation with which it may merge or consolidate or to a Company, entity or individual that purchases all or substantially all of the assets or common stock of Tenant either in one transaction or a series of transactions, without Landlord's approval, written or otherwise. In the event of any such subletting, assignment or other transfer, Tenant shall not be released from any liability upon such assignment or sublease with respect to that portion of the Tenant's leasehold estate so assigned or subleased.
ASSIGNMENT, SUBLETTING AND OWNERSHIP a. Subject to the terms of subparagraph (c) below, Tenant, for itself, its successors and assigns, covenants that it shall not assign, sell, pledge, mortgage, encumber or in any manner transfer this Lease or any interest herein, nor sublet the Premises or any part or parts thereof, nor permit occupancy by anyone with, through or under it without the prior written consent of Landlord which consent will not be unreasonably withheld, conditioned or delayed. No assignment or subletting by Tenant shall relieve Tenant of any obligations under this Lease or alter, modify or amend any provision of this Lease.
ASSIGNMENT, SUBLETTING AND OWNERSHIP. A. Tenant acknowledges that Tenant's agreement to operate its business in the Premises for the use permitted in Section I of the Basic Lease Provisions for the Term hereof, was a primary inducement and precondition to Landlord's agreement to lease the Premises to Tenant. Accordingly, Tenant shall not transfer, assign, sublet, enter into license, franchise or concession agreements, change ownership or hypothecate this Lease or the Tenant's interest in and to the Premises in whole or in part, or otherwise permit occupancy of all or any part thereof by anyone (other than Tenant's servants, employees, customers and invitees) with, under or through Tenant (the foregoing are herein collectively referred to as "Transfer" or "Transfers") or under it without first procuring the written consent of Landlord, which consent (subject to Landlord's right to terminate this Lease provided below) shall not be unreasonably withheld, conditioned or delayed. Any such attempt to so Transfer, without the Landlord's written consent, shall be void and confer no rights upon any third person. The prohibitions of this Article XIII shall be construed to refer to any acts or events referred to whether they occur by operation of law, legal process, receivership, bankruptcy or otherwise. Notwithstanding anything to the contrary herein contained, Landlord agrees that:
ASSIGNMENT, SUBLETTING AND OWNERSHIP. (a) Tenant shall not transfer, assign, sublet, enter into license or concession agreements, change ownership or hypothecate this Lease or Tenant's interest in and to the Leased Premises without first procuring the written consent of Landlord, which Landlord may grant or refuse to grant at its sole discretion. Any attempt at transfer, assignment, subletting, license or concession agreement, change of ownership or hypothecation without Landlord's written consent shall be void and confer no rights upon any third person. The prohibitions of this ARTICLE 21 shall be construed to refer to any acts or events which occur by operation of law, legal process, receivership, bankruptcy or otherwise. Without limiting the generality of the foregoing, Tenant shall not sublease all or any portion of its interest in the Leased Premises or this Lease for an amount of rent determined in whole or in part on the income or profits derived by any person from such interest (other than an amount based on a fixed percentage or percentages of receipts or sales).
ASSIGNMENT, SUBLETTING AND OWNERSHIP. Tenant shall have the right to assign, mortgage, pledge, encumber or otherwise transfer its interest in this Lease, and/or sublet, license or concession all or any part of the Demised Premises, to any party, with Landlord's approval, which approval shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, Tenant shall have the right to assign this Lease or sublease all or any part of the Demised Premises to Tenant's parent, subsidiary or affiliated corporations or entities, or in connection with (i) a sale by Tenant of all or substantially all of its stock or assets or (ii) the merger, consolidation or other reorganization of Tenant, as long as Tenant remains fully liable for full performance of all its obligations under this Lease. In the event of any assignment hereunder, the assignee shall be bound by all of the terms of this Lease, including Article 1.
ASSIGNMENT, SUBLETTING AND OWNERSHIP. Except with Landlord's prior written consent, Tenant shall not transfer, assign, sublet, enter into license or concession agreements change ownership or hypothecate, by operation of law or otherwise (collectively referred to in this Article 27 as a "transfer"), this lease or any part thereof or interest therein or the Tenant's interest in and to the premises. In the event Tenant desires to transfer this lease or any part thereof or interest therein, Tenant shall give Landlord written notice thereof including financial statements of the transferee for the three most recent years and a current quarterly update, in reasonable detail. Unless Landlord consents in writing to the transfer, any attempt to transfer shall be void and confer no rights upon any third person. Landlord has no obligation whatsoever to consent to an assignment or sublease and, without limiting the generality of the foregoing, Landlord will refuse to consent to an assignment or sublease if:
ASSIGNMENT, SUBLETTING AND OWNERSHIP. .... 20 ------------------------------------ 28.00 LAWS AND ORDINANCES........................ 22 ------------------- 29.00 WAIVER OF SUBROGATION...................... 22 --------------------- 30.00 ATTORNEY'S FEES............................ 23 --------------- 31.00 SALE OF PREMISES BY LANDLORD............... 23 ---------------------------- 32.00 NOTICES.................................... 23 ------- 33.00 REMEDIES................................... 23 -------- 34.00 SUCCESSORS AND ASSIGNS..................... 24 ---------------------- 35.00 REPRESENTATIONS............................ 24 --------------- 36.00 WAIVER..................................... 24 ------ 37.00 INTERPRETATION............................. 24 -------------- 38.00 COVENANT OF TITLE.......................... 24 ----------------- 39.00 WAIVER OF REDEMPTION....................... 24 -------------------- 40.00 FEES....................................... 25 ---- 41.00 LEASE STATUS............................... 25 ------------ 42.00 RECORDING.................................. 25 --------- 43.00 FORCE MAJEURE.............................. 26 ------------- 44.00 MORTGAGE PROTECTION CLAUSE................. 26 -------------------------- 45.00 PARKING.................................... 26 ------- 47.00 CAPTIONS................................... 27 -------- 48.00 PARTIAL INVALIDITY......................... 27 ------------------ Illegible ---------- Initials EXHIBIT D ATTACHED TO AND FORMING A PART OF LEASE AGREEMENT DATED AS OF MAY 1, 1990 BETWEEN E & H INVESTMENTS, INC. AND MEDICODE OF UTAH, AS TENANT BUILDING RULES AND REGULATIONS ------------------------------ The following Building Rules are additional provisions of the foregoing lease Agreement to which they are attached. The terms used herein have the same meanings as these terms are given in the lease.
ASSIGNMENT, SUBLETTING AND OWNERSHIP. A. Tenant shall not assign this Lease or sublet the Demised Premises without Landlord's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed.
ASSIGNMENT, SUBLETTING AND OWNERSHIP. 14.1 Tenant shall not, without the prior written consent of Landlord, which consent Landlord may not unreasonably withhold, it being deemed reasonable for Landlord to withhold consent if such assignee is not financially able to fulfill Tenant's duties and obligations hereunder, transfer or assign this Lease or any interest hereunder, or sublet the Facility or any part thereof, or permit the use of the Facility or any part thereof by any party other than Tenant. Consent to one assignment or sublease shall not destroy or waive this provision, and all later assignments and subleases shall likewise by made only upon the prior written consent of Landlord. Any and all rents payable to Tenant by any sublessee shall be included in the calculation of Net Revenue. Subtenants or assignees shall become liable, without the necessity of any further documentation whatsoever, directly to Landlord for all obligations of Tenant hereunder. No such sublease or assignment shall relieve Tenant of liability under this Lease, and after any such sublease or assignment, Tenant and
ASSIGNMENT, SUBLETTING AND OWNERSHIP. Except as provided herein, Tenant shall not voluntarily, or by operation of law, transfer, assign, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or in the Premises. Any attempt at transfer, assignment or subletting, without the Landlord's written consent (when such consent is required) shall be void and confer no rights upon any third person. Notwithstanding the foregoing, Tenant may assign or sublet this Lease upon first procuring the written consent of Landlord, which consent shall not be unreasonably withheld by Landlord. (i) Said assignee shall assume in full, the obligations of Tenant under this Lease and (ii) Landlord shall be given written notice of such assignment and assumption. Any such assignment shall not, in any way, affect or limit the liability of Tenant under the terms of this Lease. Without limiting the generality of the foregoing, Landlord's refusal to give consent to an assignment or sublease shall not be deemed unreasonably withheld if:
