Continued Liability. Tenant shall, despite any permitted assignment or sublease, remain directly and primarily liable for the performance of all of the covenants, duties, and obligations of Tenant hereunder, and Landlord shall be permitted to enforce the provisions of this Lease against Tenant or any assignee or sublessee without demand upon or proceeding in any way against any other person.
Continued Liability. Any assignment or subletting, notwithstanding the written consent of the Lessor, will not in any manner release the Lessee herein from its continued liability for the performance of the provisions of this Agreement and any amendments or modifications hereto. The acceptance of any rental payments by the Lessor from any alleged assignee will not constitute approval of the assignment of this Agreement by the Lessor.
Continued Liability. Except as provided in Section 16.1, Landlord reserves the right to refuse to give such consent unless Xxxxxx remains fully liable during the unexpired Term.
Continued Liability. Notwithstanding the agreements by WNR in respect of the Credit Agreement Claims pursuant to Section 2(a), as between the Company and the holders of any Credit Agreement Obligations, the Company shall continue to be the primary obligor with respect to the Credit Agreement Obligations and the Company shall not be released from its obligations under the Credit Agreement Obligations as a result of this Agreement. In no event shall this Agreement be construed to constitute an assignment or transfer of any of the rights or obligations of the Company under the Credit Agreement or the other Loan Documents.
Continued Liability. Tenant shall, despite any permitted assignment or sublease, remain directly and primarily liable for the performance of all of the covenants, duties, and obligations of Tenant hereunder and Landlord shall be permitted to enforce the provisions of this Lease against Tenant or any assignee or sublessee without demand upon or proceeding in any way against any other person. Moreover, in the event that the rental due and payable by a sublessee (or a combination of the rental payable under such sublease, plus any bonus or other consideration thereof incident thereto) exceeds the Rent payable under this Lease, or if with respect to a permitted assignment, permitted license, or other transfer by Tenant permitted by Landlord, the consideration payable to Tenant by the assignee, licensee or other transferee, directly or indirectly attributable to any such transfer of this Lease, exceeds Rent payable under this Lease, then Tenant shall be bound and obligated to pay Landlord all such excess rental and other excess consideration within ten (10) days following receipt thereof by Tenant from such sublessee, assignee, licensee or other transferee, as the case may be.
Continued Liability. After a Participant withdraws or terminates, such withdrawing party shall be subject to assessment by the Authority to maintain the solvency of any program of the Authority for any year during which the party was a Participant, unless the coverage agreement otherwise provides.
Continued Liability. LESSEE shall remain liable for all its obligations under this Lease, despite LESSORS'S reentry, and LESSOR may re-rent or use the leased property as LESSEE's agent, if LESSOR so elects. LESSEE waives any legal requirement for notice of intention to re-enter and any right of redemption.
Continued Liability. Borrower shall remain primarily liable on this Note and the Security Documents until full payment, unaffected by any agreement or transaction between Lender and any subsequent Borrower as to payment of principal, interest or other moneys, by any forbearance or extension of time, guaranty or assumption by others, or by any other matter, as to all of which notice is hereby waived by Borrower.
Continued Liability. If, for whatever reason, the new Vessel owner does not execute the new berth rental agreement in accordance with this clause and the Vessel remains in the Berth, then without limiting Eke Panuku’s rights, the Customer will continue as principal debtor liable to perform all the obligations and pay all amount owed under the Agreement as if the Vessel was still owned by the Customer. This obligation will continue until the new Vessel owner executes the new berth rental agreement.
Continued Liability. Notwithstanding the assumption by Obligor of the Indebtedness of Weyerhaeuser pursuant to Section 1(a), as between Weyerhaeuser and the holders of the Indebtedness, Weyerhaeuser shall continue to be the primary obligor with respect to the Indebtedness and Weyerhaeuser shall not be released from its obligations under the Indebtedness as a result of this Agreement. In no event shall this Agreement be construed to constitute an assignment or transfer of any of the rights or obligations of Weyerhaeuser under the Loan Documents.
