Common use of Authorization to Direct Sublease Payments Clause in Contracts

Authorization to Direct Sublease Payments. Sublessor hereby ----------------------------------------- acknowledges that Sublessor's failure to pay the rent and other sums owing by Sublessor to Master Lessor under the Master Lease will cause Sublessee to incur damages, costs and expenses not contemplated by this Sublease, especially in those cases where Sublessee has paid sums to Sublessor hereunder which correspond in whole or in part to the amounts owing by Sublessor to Master Lessor under the Master Lease. Accordingly, Sublessee shall have the right to pay all Rent and other sums owing by Sublessee to Sublessor hereunder for those items which also are owed by Sublessor to Master Lessor under the Master Lease directly to Master Lessor on the following terms and conditions: (i) Sublessee reasonably believes that Sublessor has failed to make any payment required to be made by Sublessor to Master Lessor under the Master Lease and Sublessor fails to provide adequate proof of payment within two (2) business days after Sublessee's written demand requesting such proof. (ii) Sublessee shall provide to Sublessor concurrently with any payment to Master Lessor reasonable evidence of such payment. (iii) Sublessee shall not prepay any amounts owing by Sublessor without the consent of Sublessor. (iv) If Sublessor notifies Sublessee that it disputes any amount demanded by Master Lessor, Sublessee shall not make any such payment to Master Lessor unless Master Lessor has provided a three-day notice to pay such amount or forfeit the Master Lease. Any sums paid directly by Sublessee to Master Lessor in accordance with this Paragraph shall be credited toward the amounts payable by Sublessee to Sublessor under this Sublease. In the event Sublessee tenders payment directly to Master Lessor in accordance with this Paragraph and Master Lessor refuses to accept such payment, Sublessee shall have the right to deposit such funds in an account with a national bank for the benefit of Master Lessor and Sublessor, and the deposit of said funds in such account shall discharge Sublessee's obligation under this Sublease to make the payment in question.

Appears in 1 contract

Samples: Sublease (Pumatech Inc)

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Authorization to Direct Sublease Payments. Sublessor hereby ----------------------------------------- acknowledges that that. Sublessor's failure to pay the rent Rent and other sums owing by Sublessor to Master Lessor under the Master Lease will cause Sublessee to incur damages, costs and 'expenses not contemplated by this Sublease, especially in those cases where Sublessee has paid sums to Sublessor hereunder which correspond in whole or in part to the amounts owing by Sublessor to Master Lessor under the Master Lease. Accordingly, Sublessee shall have the right to pay all Rent and other sums owing by Sublessee to Sublessor hereunder for those items which also are owed by Sublessor to Master Lessor under the Master Lease directly to Master Lessor on the following terms and conditions: (i) A. Sublessee reasonably believes that Sublessor has failed to make any payment required requited to be made by Sublessor to Master Lessor under the Master Lease and Sublessor fails to provide adequate proof of payment within two (2) business days after Sublessee's written demand requesting such proof. (ii) B. Sublessee shall not prepay any amounts owing by Sublessee without the consent of Sublessor. C. Sublessee shall provide to Sublessor concurrently with any payment to Master Lessor reasonable evidence of such payment. (iii) Sublessee shall not prepay any amounts owing by Sublessor without the consent of Sublessor. (iv) D. If Sublessor notifies Sublessee that it disputes any amount demanded by Master Lessor, Sublessee shall not make any such payment to Master Lessor unless Master Lessor has provided a three-day notice to pay such amount or forfeit the Master Lease. Any sums paid directly by Sublessee to Master Lessor in accordance with this Paragraph shall be credited toward the amounts payable by Sublessee to Sublessor under this Sublease. In the event Sublessee tenders payment directly to Master Lessor in accordance with this Paragraph and Master Lessor refuses to accept such payment, Sublessee shall have the right to deposit such funds in an account with a national bank for the benefit of Master Lessor and Sublessor, and the deposit of said funds in such account shall discharge Sublessee's obligation under this Sublease to make the payment in question.

Appears in 1 contract

Samples: Sublease (Clarent Corp/Ca)

Authorization to Direct Sublease Payments. Sublessor hereby ----------------------------------------- acknowledges that Sublessor's ’s failure to pay the rent and other sums owing by Sublessor to Master Lessor under the Master Lease will cause Sublessee to incur damages, costs and expenses not contemplated by this Sublease, especially in those cases where Sublessee has paid sums to Sublessor hereunder which correspond in whole or in part to the amounts owing by Sublessor to Master Lessor under the Master Lease. Accordingly, Sublessee shall have the right tight to pay all Rent and other sums owing by Sublessee to Sublessor hereunder for those items which also are owed by Sublessor to Master Lessor under the Master Lease directly to Master Lessor on the following terms and conditions: (i) Sublessee reasonably believes that Sublessor has failed to make any payment required to be made by Sublessor to Master Lessor under the Master Lease and Sublessor fails to provide adequate proof of payment within two (2) business days after Sublessee's ’s written demand requesting such proof. (ii) Sublessee shall provide to Sublessor concurrently with any payment to Master Lessor reasonable evidence of such payment. (iii) Sublessee shall not prepay any amounts owing by Sublessor without the consent of Sublessor. (iv) If Sublessor notifies Sublessee that it disputes any amount demanded by Master Lessor, Sublessee shall not make any such payment to Master Lessor unless Master Lessor has provided a three-day notice to pay such amount or forfeit the Master Lease. Any sums paid directly by Sublessee to Master Lessor in accordance with this Paragraph shall be credited toward the amounts payable by Sublessee to Sublessor under this Sublease. In the event Sublessee tenders payment directly to Master Lessor in accordance with this Paragraph and Master Lessor refuses to accept such payment, Sublessee shall have the right to deposit such funds in an account with a national bank for the benefit of Master Lessor and Sublessor, and the deposit of said funds in such account shall discharge Sublessee's ’s obligation under this Sublease to make the payment in question.

Appears in 1 contract

Samples: Consent to Sublease (Alphasmart Inc)

Authorization to Direct Sublease Payments. Sublessor hereby ----------------------------------------- acknowledges that Sublessor's ’s failure to pay the rent and other sums owing by Sublessor to Master Lessor under the Master Lease will cause Sublessee to incur damages, costs and expenses not contemplated by this Sublease, especially in those cases where Sublessee has paid sums to Sublessor hereunder which correspond in whole or in part to the amounts owing by Sublessor to Master Lessor under the Master Lease. Accordingly, Sublessee shall have the right to pay all Rent rent and other sums owing by Sublessee to Sublessor hereunder for those items which also are owed by Sublessor to Master Lessor under the Master Lease directly to Master Lessor on the following terms and conditions: (a) Either (i) Sublessee reasonably believes that Sublessor has failed to make any payment required to be made by Sublessor to Master Lessor under the Master Lease and Sublessor fails to provide adequate proof of payment within two (2) business days after Sublessee's ’s written demand requesting [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. such proof; or (ii) Sublessee reasonably believes that Sublessor shall fail to make any payment required to be made by Sublessor to Master Lessor under the Master Lease and Sublessor fails to provide assurance of future performance in form reasonably satisfactory to Sublessee within two (2) business days after Sublessee’s written demand requesting such proofassurance. (iib) Sublessee shall not prepay any amounts owing by Sublessor without the consent of Sublessor. (c) Sublessee shall provide to Sublessor concurrently with any payment to Master Lessor reasonable evidence of such payment. (iii) Sublessee shall not prepay any amounts owing by Sublessor without the consent of Sublessor. (ivd) If Sublessor notifies Sublessee that it disputes any amount demanded by Master Lessor, Sublessee shall not make any such payment to Master Lessor unless Master Lessor has provided a three-day notice to pay such amount or forfeit the Master Lease. . (e) Any sums paid directly by Sublessee to Master Lessor in accordance with this Paragraph Section 8 shall be credited toward the amounts payable by Sublessee to Sublessor under this Sublease. In the event Sublessee tenders payment directly to Master Lessor in accordance with this Paragraph and Master Lessor refuses to accept such payment, Sublessee shall have the right to deposit such funds in an account with a national bank for the benefit of Master Lessor and Sublessor, and the deposit of said funds in such account shall discharge Sublessee's obligation under this Sublease to make the payment in question.

Appears in 1 contract

Samples: Asset Transfer and License Agreement (Cerus Corp)

Authorization to Direct Sublease Payments. Sublessor Sublandlord hereby ----------------------------------------- acknowledges that SublessorSublandlord's failure to pay the rent Base Rent and other sums owing by Sublessor Sublandlord to Master Lessor Prime Landlord under the Master Prime Lease will cause Sublessee Subtenant to incur damages, costs and expenses not contemplated by this Sublease, especially in those cases where Sublessee Subtenant has paid sums to Sublessor Sublandlord hereunder which correspond in whole or in part to the amounts owing by Sublessor to Master Lessor Sublandlord or Prime Landlord under the Master Prime Lease. Accordingly, Sublessee Subtenant shall have the right to pay all Rent rent and other sums owing by Sublessee Subtenant to Sublessor Sublandlord hereunder for those items which also are owed by Sublessor Sublandlord to Master Lessor Prime Landlord under the Master Prime Lease directly to Master Lessor Prime Landlord on the following terms and conditions: (i) Sublessee reasonably believes a. Subtenant has knowledge that Sublessor Sublandlord has failed to make any payment required to be made by Sublessor Sublandlord to Master Lessor Prime Landlord under the Master Lease Prime Lease, and Sublessor Sublandlord fails to provide adequate proof of payment within two five (25) business days after SublesseeSubtenant's written demand requesting such proof. (ii) Sublessee b. Subtenant shall not prepay any amounts owing by Subtenant without the consent of Sublandlord. c. Subtenant shall provide to Sublessor Sublandlord concurrently with any payment to Master Lessor Prime Landlord reasonable evidence of such payment. (iii) Sublessee shall not prepay any amounts owing by Sublessor without the consent of Sublessor. (iv) d. If Sublessor Sublandlord notifies Sublessee Subtenant that it disputes any amount demanded by Master LessorPrime Landlord, Sublessee Subtenant shall not make any such payment to Master Lessor Prime Landlord unless Master Lessor Prime Landlord has provided a three-day notice to pay such amount or forfeit the Master Prime Lease. Any sums paid directly by Sublessee Subtenant to Master Lessor Prime Landlord in accordance with this Paragraph shall be credited toward the amounts payable by Sublessee Subtenant to Sublessor Sublandlord under this Sublease. In the event Sublessee tenders payment directly to Master Lessor in accordance with this Paragraph and Master Lessor refuses to accept such payment, Sublessee shall have the right to deposit such funds in an account with a national bank for the benefit of Master Lessor and Sublessor, and the deposit of said funds in such account shall discharge Sublessee's obligation under this Sublease to make the payment in question.

Appears in 1 contract

Samples: Sublease Agreement (Oak Technology Inc)

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Authorization to Direct Sublease Payments. Sublessor hereby ----------------------------------------- acknowledges that Sublessor's failure to pay the rent and other sums owing by Sublessor to Master Lessor under the Master Lease will cause Sublessee to incur damages, costs and expenses not contemplated by this Sublease, especially in those cases where Sublessee has paid sums to Sublessor hereunder which correspond in whole or in part to the amounts owing by Sublessor to Master Lessor under the Master Lease. Accordingly, Sublessee shall have the right to pay all Rent rent and other sums owing by Sublessee to Sublessor hereunder for those items which also are owed by Sublessor to Master Lessor under the Master Lease directly to Master Lessor on upon satisfaction of the following terms and conditions: : (i) Sublessee has performed its obligations under this Sublease, but Master Lessor has given notice that Sublessor is in default of its obligations to make a payment to Master Lessor under the Master Lease, and Sublessee reasonably believes that Sublessor has failed to make any payment required to be made by Sublessor to Master Lessor under the Master Lease and Sublessor fails to provide adequate proof of payment within two (2) business days after Sublessee's ’s written demand requesting such proof. ; (ii) Sublessee shall not prepay any amounts owing by Sublessee without the consent of Sublessor or in excess of the amount alleged by Master Lessor to be in default under the Master Lease; (iii) Sublessee shall provide to Sublessor concurrently with any payment to Master Lessor reasonable evidence of such payment. (iii) Sublessee shall not prepay any amounts owing by Sublessor without the consent of Sublessor. ; and (iv) If if Sublessor notifies Sublessee that it disputes any amount demanded by Master Lessor, Sublessee shall not make any such payment to Master Lessor unless Master Lessor has provided a three-day notice to pay such amount or forfeit the Master Lease. Any sums paid directly by Sublessee to Master Lessor in accordance with this Paragraph shall be credited toward the amounts payable by Sublessee to Sublessor under this Sublease. In the event Sublessee tenders payment directly to Master Lessor in accordance with this Paragraph and Master Lessor refuses to accept such payment, Sublessee shall have the right to deposit such funds in an account with a national bank for the benefit of Master Lessor and Sublessor, as their interest may appear, until such time as the Sublessor’s default under the Master Lease is cured or otherwise discharged, and Sublessee shall not be deemed in default of its payment obligations under this Sublease to the extent of the deposit of said funds in such account shall discharge Sublessee's obligation under this Sublease to make the payment in questionaccount.

Appears in 1 contract

Samples: Sublease (Netiq Corp)

Authorization to Direct Sublease Payments. Sublessor hereby ----------------------------------------- acknowledges that Sublessor's failure to pay the rent Monthly Base Rent, Additional Rent and other sums owing by Sublessor to Master Lessor under the Master Lease will cause Sublessee to incur damages, costs and expenses not contemplated by this Sublease, especially in those cases where Sublessee has paid sums to Sublessor hereunder which correspond in whole or in part to the amounts owing by Sublessor to Master Lessor under the Master Lease. Accordingly, Sublessee shall have the right to pay all Rent rent and other sums owing by Sublessee to Sublessor hereunder for those items which are also are owed by Sublessor to Master Lessor under the Master Lease directly to Master Lessor on the following terms and conditions: (i) if Sublessee reasonably believes that Sublessor has failed to make any payment required to be made by Sublessor to Master Lessor under the Master Lease and Sublessor fails to provide adequate proof of payment within two (2) business days after Sublessee's written demand requesting such proof. (ii) Sublessee shall provide to Sublessor concurrently with any payment to Master Lessor reasonable evidence of such payment. (iii) Sublessee shall not prepay any amounts owing by Sublessor without the consent of Sublessor. (iv) If Sublessor notifies Sublessee that it disputes any amount demanded by Master Lessor, Sublessee shall not make any such payment to Master Lessor unless Master Lessor has provided a three-day notice to pay such amount or forfeit the Master Lease. Any sums paid directly by Sublessee to Master Lessor in accordance with this Paragraph shall be credited toward the amounts payable by Sublessee to Sublessor under this Sublease. In the event Sublessee tenders payment directly to Master Lessor in accordance with this Paragraph and Master Lessor refuses to accept such payment, Sublessee shall have the right to deposit such funds in an account with a national bank for the benefit of Master Lessor and Sublessor, and the deposit of said funds in such account shall discharge Sublessee's obligation under this Sublease to make the payment in question.

Appears in 1 contract

Samples: Sublease Agreement (Measurement Specialties Inc)

Authorization to Direct Sublease Payments. Sublessor hereby ----------------------------------------- acknowledges that Sublessor's failure to pay the rent and other sums owing by Sublessor to Master Lessor under the Master Lease will cause Sublessee to incur damages, costs and expenses not contemplated by this the Sublease, especially in those cases where Sublessee has paid sums to Sublessor hereunder which correspond in whole or in part to the amounts owing by Sublessor to Master Lessor under the Master Lease. Accordingly, Sublessee shall have the right to pay all Rent rent and other sums owing by Sublessee to Sublessor hereunder for those items which also are owed by Sublessor to Master Lessor under the Master Lease directly to Master Lessor on the following terms and conditions: (a) Either (i) Sublessee reasonably believes that Sublessor has failed to make any payment required to be made by Sublessor to Master Lessor under the Master Lease and Sublessor fails to provide adequate proof of payment within two (2) business days after Sublessee's written demand requesting such proof; or (ii) Sublessee reasonably believes that Sublessor shall fail to make any payment required to be made by Sublessor to Master Lessor under the Master Lease and Sublessor fails to provide adequate assurance of future performance within two (2) business days after Sublessee's written demand requesting such assurance. (iib) Sublessee shall not prepay any amounts owing by Sublessor without the consent of Sublessor. (c) Sublessee shall provide to Sublessor concurrently with any payment to Master Lessor reasonable evidence of such payment. (iii) Sublessee shall not prepay any amounts owing by Sublessor without the consent of Sublessor. (ivd) If Sublessor notifies Sublessee that it disputes any amount demanded by Master Lessor, Sublessee shall not make any such payment to Master Lessor unless Master Lessor has provided a three-day notice to pay such amount or forfeit the Master Lease. Any sums paid directly by Sublessee to Master Lessor in accordance with this Paragraph paragraph and other costs reasonably incurred as a consequence of Sublessor's failure to pay required sums to Master Lessor, including attorneys' fees, shall be credited toward the amounts payable by Sublessee to Sublessor under this the Sublease. In the event Sublessee tenders payment directly to Master Lessor in accordance with this Paragraph and Master Lessor refuses to accept such payment, Sublessee shall have the right to deposit such funds in an account with a national bank for the benefit of Master Lessor and Sublessor, and the deposit of said funds in such account shall discharge Sublessee's obligation under this Sublease to make the payment in question.

Appears in 1 contract

Samples: Sublease Agreement (Conceptus Inc)

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