Common use of By Landlord Clause in Contracts

By Landlord. Landlord and its successors in interest shall have the right to transfer their interest in the Leased Premises and this Lease at any time and to any person or entity. In the event of any conveyance of the Leased Premises and assignment by Landlord of this Lease to another, the Landlord originally named herein (and in the case of any subsequent transfer, the transferor), from the date of such transfer, (i) shall be automatically relieved, without any further act by any person or entity, of all liability for the performance of the obligations of the Landlord hereunder which may accrue after the date of such transfer, and (ii) shall be relieved of all liability for the performance of the obligations of the Landlord hereunder which have accrued before the date of transfer if its transferee agrees to assume and perform all such obligations of the Landlord hereunder and such transferee is not substantially less solvent than Landlord. In the event the Landlord’s interest in the Leased Premises is transferred to multiple transferees, such transferees shall designate, by a written notice to Tenant delivered upon such transfer, the name and address of a single person to whom all rent and notices to be paid or given by Tenant hereunder shall be addressed and who shall be the sole authorized party to give notices to Tenant hereunder; Tenant’s payment of rent to such designated person shall satisfy Tenant’s obligation to pay rent to Landlord; Tenant’s delivery of notices to such designated person shall constitute notice to Landlord and Tenant may rely upon notices from such designated person as being notice from Landlord. After the date of any such transfer, the term “Landlord” as used herein shall mean the transferee of such interest in the Leased Premises.

Appears in 3 contracts

Samples: Lease (Thermadyne Australia Pty Ltd.), Default and Remedies (Thermadyne Australia Pty Ltd.), Thermadyne Australia Pty Ltd.

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By Landlord. Landlord and its successors in interest shall have the right to transfer their interest in the Leased Premises and this Lease or the Building at any time and to any person or entity, provided (i) such person or entity agrees to assume and perform all obligations of Landlord hereunder, and (ii) Landlord obtains all consents required by applicable Law in connection therewith and complies with the terms thereof. In the event of any conveyance of the Leased Premises and assignment by Landlord of this Lease to anothersuch transfer, the Landlord originally named herein (and in the case of any subsequent transfer, the transferor), ) from the date of such transfer, (i) shall be automatically relieved, without any further act by any person or entity, of all liability for the performance of the obligations of the Landlord hereunder which may accrue after the date of such transfer, transfer and (ii) shall be relieved of all liability for the performance of the obligations of the Landlord hereunder which have accrued before the date of transfer if its transferee agrees to assume and perform all such obligations of the Landlord hereunder and such transferee is not substantially less solvent than Landlord. In the event the Landlord’s interest in the Leased Premises is transferred to multiple transferees, such transferees shall designate, by a written notice to Tenant delivered upon such transfer, the name and address of a single person to whom all rent and notices to be paid or given by Tenant hereunder shall be addressed and who shall be the sole authorized party to give notices to Tenant hereunder; Tenant’s payment of rent to such designated person shall satisfy Tenant’s obligation to pay rent to Landlord; Tenant’s delivery of notices to such designated person shall constitute notice to Landlord and Tenant may rely upon notices from such designated person as being notice from Landlord. After the date of any such transfer, the term “Landlord” as used herein shall mean the transferee of such interest in the Leased Premises. Notwithstanding the foregoing, in the event that Landlord desires to assign, sell, encumber or otherwise transfer or alienate any of its right, title and interest in and to the Head Lease, the Project, the Building or any portion thereof, Landlord shall require any such assignee, purchaser or transferee (the “Transferee”) of Landlord’s interest therein to execute (together with Landlord and the Tenant) a novation deed/agreement in form and substance reasonably acceptable to Tenant pursuant to which (a) the Transferee shall assume Landlord’s obligations and rights under this agreement, and (b) Landlord and any such Transferee, at their sole cost and expense, shall obtain any consents and approvals required by applicable Law (including, without limitation, the HDB), and shall comply with any and all conditions of the applicable authorities, as required by applicable Law to any such transfer or conveyance.

Appears in 2 contracts

Samples: Sublease Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.), Sublease Agreement (Avago Technologies LTD)

By Landlord. Landlord and its successors in interest shall have At the end of the Term or the termination of Tenant's right to transfer their interest possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the Leased Premises HVAC System and this Lease at any time hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to any person or entity. In Landlord all keys to the event of any conveyance of Premises, and (3) remove all signage placed on the Leased Premises and assignment by Landlord of this Lease to anotherPremises, the Landlord originally named herein Building, or the Land by or at Tenant's request. All fixtures, alterations, additions, and improvements (and in the case of any subsequent transfer, the transferor), from the date of such transfer, (iwhether temporary or permanent) shall be automatically relievedLandlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in party, by Landlord). Additionally, subject to Tenant's receipt of notice pursuant to Section 6 of this Agreement, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property as Landlord may request, provided such request is made within one (1) month before the end of the Term. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any further act by any person or entity, of all liability obligation to account for such items and Tenant shall pay for the performance costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the obligations security interest granted under Section 26. All work required of the Landlord hereunder which may accrue after the date of such transfer, and (iiTenant under this Section 16.(a) shall be relieved coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all liability for the performance of the obligations of the Landlord hereunder which have accrued before the date of transfer if its transferee agrees to assume and perform all such obligations of the Landlord hereunder and such transferee is not substantially less solvent than Landlord. In the event the Landlord’s interest in the Leased Premises is transferred to multiple transferees, such transferees shall designate, damage caused by a written notice to Tenant delivered upon such transfer, the name and address of a single person to whom all rent and notices to be paid or given any work performed by Tenant hereunder shall be addressed and who shall be the sole authorized party to give notices to Tenant hereunder; Tenant’s payment of rent to such designated person shall satisfy Tenant’s obligation to pay rent to Landlord; Tenant’s delivery of notices to such designated person shall constitute notice to Landlord and Tenant may rely upon notices from such designated person as being notice from Landlord. After the date of any such transfer, the term “Landlord” as used herein shall mean the transferee of such interest in the Leased Premisesunder this Section 16.(a).

Appears in 1 contract

Samples: Commercial Lease Agreement (At Track Communications Inc)

By Landlord. Landlord and its successors in interest shall have the right to transfer their interest in the Leased Premises and this Lease or the Building at any time and to any person or entity, provided (i) such person or entity agrees to assume and perform all obligations of Landlord hereunder, (ii) Landlord obtains all consents required by applicable Law in connection therewith and complies with the terms thereof, and (iii) Landlord transfers the Security Deposit Amount to such transferee. In the event of any conveyance of the Leased Premises and assignment by Landlord of this Lease to anothersuch transfer, the Landlord originally named herein (and in the case of any subsequent transfer, the transferor), ) from the date of such transfer, (i) shall be automatically relieved, without any further act by any person or entity, of all liability for the performance of the obligations of the Landlord hereunder which may accrue after the date of such transfer, and (ii) shall be relieved of all liability for the performance of the obligations of the Landlord hereunder which have accrued before the date of transfer if its transferee agrees to assume and perform all such obligations of the Landlord hereunder and such transferee is not substantially less solvent than Landlord. In the event the Landlord’s interest in the Leased Premises is transferred to multiple transferees, such transferees shall designate, by a written notice to Tenant delivered upon such transfer, the name and address of a single person to whom all rent and notices to be paid or given by Tenant hereunder shall be addressed and who shall be the sole authorized party to give notices to Tenant hereunder; Tenant’s payment of rent to such designated person shall satisfy Tenant’s obligation to pay rent to Landlord; Tenant’s delivery of notices to such designated person shall constitute notice to Landlord and Tenant may rely upon notices from such designated person as being notice from Landlord. After the date of any such transfer, the term “Landlord” as used herein shall mean the transferee of such interest in the Leased Premises. Notwithstanding the foregoing, in the event that Landlord desires to assign, sell, encumber or otherwise transfer or alienate any of its right, title and interest in and to the Head Lease, the Project, the Building or any portion thereof, Landlord shall require any such assignee, purchaser or transferee (the “Transferee”) of Landlord’s interest therein to execute (together with Landlord and the Tenant) a novation deed/agreement in form and substance reasonably acceptable to Tenant pursuant to which (a) the Transferee shall assume Landlord’s obligations and rights under this agreement, and (b) Landlord and any such Transferee, at their sole cost and expense, shall obtain any consents and approvals required by applicable Law (including, without limitation, the HDB), and shall comply with any and all conditions of the applicable authorities, as required by applicable Law to any such transfer or conveyance.

Appears in 1 contract

Samples: Sublease Agreement (Avago Technologies LTD)

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By Landlord. Landlord and its successors in interest shall have the right to transfer their interest in the Leased Premises and this Lease at any time and to any person or entity. In the event of any conveyance of the Leased Premises transfer and assignment by Landlord of its interest in this Lease and in the Shopping Center containing the Premises to a person expressly assuming Landlord's obligations under this Lease, Landlord shall thereby be released from any further obligations hereunder, and Tenant agrees to look solely to such successor in interest of the Landlord for performance of such obligations. Any security given by Tenant to secure performance of Tenant's obligations hereunder shall be assigned and transferred by Landlord to such successor in interest, provided however that Tenant is not in default at the time of any such transfer or assignment, and Landlord shall thereby be discharged of any further obligation relating thereto. The term "Landlord" shall mean only the owner for the time being of the Shopping Center, and in the event of transfer by such owner of its interest in the Shopping Center, such owner shall thereupon be released and discharged from all covenants and obligations of Landlord thereafter accruing, but such covenants and obligations that arise during any owner's period of ownership shall be binding during the Lease Term upon such new owner; provided, however, that Tenant's failure to disclose any outstanding obligations of Landlord pursuant to any notification required to be made by this Lease to anotherany prospective buyer shall constitute a waiver of Tenant's rights against that prospective buyer and any successors or assigns thereof. Upon such an assignment, Tenant shall retain its rights against the transferor Landlord originally named herein (and in for obligations arising under this Lease during the case of any subsequent transfer, the transferor), from the date of such transfer, (i) shall be automatically relieved, without any further act by any person or entity, of all liability for the performance period of the obligations transferor Landlord's ownership of the Landlord hereunder which may accrue after the date of such transfer, and (ii) shall be relieved of all liability for the performance of the obligations of the Landlord hereunder which have accrued before the date of transfer if its transferee agrees to assume and perform all such obligations of the Landlord hereunder and such transferee is not substantially less solvent than Landlord. In the event the Landlord’s interest in the Leased Premises is transferred to multiple transferees, such transferees shall designate, by a written notice to Tenant delivered upon such transfer, the name and address of a single person to whom all rent and notices to be paid or given by Tenant hereunder shall be addressed and who shall be the sole authorized party to give notices to Tenant hereunder; Tenant’s payment of rent to such designated person shall satisfy Tenant’s obligation to pay rent to Landlord; Tenant’s delivery of notices to such designated person shall constitute notice to Landlord and Tenant may rely upon notices from such designated person as being notice from Landlord. After the date of any such transfer, the term “Landlord” as used herein shall mean the transferee of such interest in the Leased PremisesShopping enter.

Appears in 1 contract

Samples: Center Lease (Southern Concepts Restaurant Group, Inc.)

By Landlord. The interest of Landlord and its successors in interest shall have the right to transfer their interest in the Leased Premises and this Lease and in and to the Property or any part thereof may, at any time and from time to time, be sold, conveyed, assigned or otherwise transferred, without the prior written consent of Tenant, and upon any person sale or entity. In the event of any conveyance of the Leased Premises Property as an entirety or any assignment or other transfer (other than for the purpose of securing indebtedness) by any party lessor of its interest in this Lease and in and to the Property, such party lessor shall be completely relieved of and from any and all obligations not theretofore accrued or arisen (i.e., not based on events theretofore occurring or conditions theretofore existing) under this Lease or otherwise with respect to the Property, and such party lessor shall have no further obligations whatsoever to any party lessee, except to the extent that any such obligation accrued or arose prior to the date of such sale, conveyance, assignment or transfer, and Tenant shall thereupon look only to the then owner of Landlord's estate in the Property for the performance of any obligations of Landlord hereunder. Landlord may also from time to time mortgage or assign, by way of pledge or otherwise, any or all of the rights, in whole or in part, of Landlord under this Lease to any Person as security for the indebtedness or other obligations of Landlord. From and after any such mortgage or assignment and to the extent provided in the instrument effecting such mortgage or assignment, (a) such Mortgagee may enforce any and all of the terms of this Lease to another, the Landlord originally named herein (and extent so assigned as though such Mortgage had been a party hereto to the extent the Mortgagee assumes in the case of any subsequent transfer, the transferor), from the date of such transfer, (i) shall be automatically relieved, without any further act by any person or entity, of all liability for the performance of writing the obligations of the Landlord hereunder which may accrue after the date of such transfer, and (ii) shall be relieved of all liability for the performance of the obligations of the Landlord hereunder which have accrued before the date of transfer if its transferee agrees to assume and perform all such obligations of the Landlord hereunder and such transferee is not substantially less solvent than Landlord. In the event the Landlord’s interest in the Leased Premises is transferred to multiple transferees(b) a copy of all notices, such transferees shall designatedemands, by a written notice to Tenant delivered upon such transferconsents, the name approvals and address of a single person to whom all rent and notices to be paid or other instruments given by Tenant hereunder shall also be addressed and who shall be the sole authorized party to give notices to Tenant hereunder; Tenant’s payment of rent delivered to such designated person Mortgagee, if such Mortgagee shall satisfy have provided Tenant with written notice of its address for such purposes. No such assignment shall limit or restrict Tenant’s obligation to pay rent to Landlord; Tenant’s delivery of notices to such designated person shall constitute notice to Landlord and Tenant may rely upon notices from such designated person as being notice from Landlord. After the date of any such transfer, the term “Landlord” as used herein shall mean the transferee of such interest in the Leased Premises's rights hereunder.

Appears in 1 contract

Samples: Lease Agreement (Recovery Engineering Inc)

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