Continuing Liability of Tenant. Regardless of Landlord's consent, no subletting or assignment shall release Tenant from any of its obligations hereunder or alter, impair or diminish the primary liability of Tenant to pay the rent and to perform all other obligations to be performed by Tenant hereunder. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. If any assignee of Tenant or any successor of Tenant defaults in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee or successor. Landlord may consent to subsequent assignments or subleases or amendments or modifications to this Lease with assignees of Tenant, without notifying Tenant, or any successor of Tenant, and without obtaining its or their consent thereto, and no such action by Landlord shall relieve Tenant from its liability under this Lease. If Tenant assigns this Lease, or subleases all or a portion of the Premises, or requests the consent of Landlord to any assignment or sublease, then Tenant shall pay Landlord's reasonable attorneys' fees incurred in connection therewith, but in no event in excess of $1,500 for each such assignment or sublease during the initial Term of this Lease and in excess of $2,000 for each such assignment or sublease during the Option Term (as defined below).
Appears in 2 contracts
Samples: Office Lease (Interwave Communications International LTD), Office Lease (Interwave Communications International LTD)
Continuing Liability of Tenant. Regardless of Landlord's consent, no subletting or assignment shall release Tenant from any of its obligations hereunder Tenant's obligation or alter, impair or diminish alter the primary liability of Tenant to pay the rent Tenant, unless Landlord agrees otherwise in its sole and to perform all other obligations to be performed by Tenant hereunder. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereofabsolute discretion. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. If any assignee of Tenant or any successor of Tenant defaults in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee or successor. Landlord may consent to subsequent assignments or subleases subletting of this Lease or amendments or modifications to this Lease with assignees of Tenant, without notifying Tenant, or any successor of Tenant, and without obtaining its or their consent thereto, and no such action by Landlord shall not relieve Tenant from of its liability under this Lease. If Tenant assigns this Lease, or subleases sublets all or a portion of the Premises, or requests the consent of Landlord to any assignment or subleasesubletting, or if Tenant requests the consent of Landlord for any act that Tenant proposes to do, then Tenant shall pay Landlord's reasonable processing fee and reimburse Landlord for all reasonable attorneys' fees incurred in connection therewith, but in no event in excess of $1,500 for each such assignment or sublease during the initial Term of this Lease and in excess of $2,000 for each such assignment or sublease during the Option Term (as defined below).
Appears in 1 contract
Samples: Assignment and Assumption of Lease (West Bancorporation Inc)
Continuing Liability of Tenant. Regardless of Landlord's ’s consent, no subletting or assignment shall release Tenant from any of its obligations hereunder Tenant’s obligation or alter, impair or diminish alter the primary liability of Tenant to pay the rent and to perform all other obligations to be performed by Tenant hereunder. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. If any assignee of Tenant or any successor of Tenant defaults in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee or successor. Landlord may consent to subsequent assignments or subleases of this Lease or amendments or modifications to this Lease with assignees of Tenant, without notifying Tenant, or any successor of Tenant, and without obtaining its or their consent thereto, and no such action by Landlord shall not relieve Tenant from of its liability under this Lease; provided, however, Landlord shall commercially reasonably efforts to notify Tenant of such assignments, amendments or modifications of this Lease. If Tenant assigns this Lease, or subleases sublets all or a portion of the Premises, or requests the consent of Landlord to any assignment or subleasesubletting, or if Tenant requests the consent of Landlord for any act that Tenant proposes to do, then Tenant shall pay Landlord's ’s reasonable attorneys' ’ fees incurred in connection therewiththerewith along with any other reasonable consultants’ fees incurred in connection therewith (for example, but in no event in excess an engineer’s fees as a result of $1,500 for each a sublease of a portion of the Premises that requires portions of the Premises are to be mechanically engineered to accommodate such assignment or sublease during the initial Term of this Lease and in excess of $2,000 for each such assignment or sublease during the Option Term (as defined belowsublease).
Appears in 1 contract
Samples: Building Lease (Zulily, Inc.)
Continuing Liability of Tenant. Regardless of Landlord's ’s consent, no subletting or assignment shall release Tenant from any of its obligations hereunder Tenant’s obligation or alter, impair or diminish alter the primary liability of Tenant to pay the rent and to perform all other obligations to be performed by Tenant hereunder. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. If any assignee of Tenant or any successor of Tenant defaults in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee or successor. Landlord may consent to subsequent assignments or subleases subletting of this Lease or amendments or modifications to this Lease with assignees of Tenant, without notifying Tenant, or any successor of Tenant, and without obtaining its or their consent thereto, and no such action by Landlord shall not relieve Tenant from of its liability under this Lease, but no such subsequent assignment or subletting to which Tenant has not consented shall increase any of Tenant’s obligations hereunder. If Tenant assigns this Lease, or subleases sublets all or a portion of the Premises, or requests the consent of Landlord to any assignment or subleasesubletting, or if Tenant requests the consent of Landlord for any act that Tenant proposes to do, then Tenant shall pay Landlord's ’s reasonable attorneys' ’ fees incurred in connection therewith, but in no event in excess of $1,500 for each such assignment or sublease during the initial Term of this Lease and in excess of $2,000 for each such assignment or sublease during the Option Term (as defined below).
Appears in 1 contract
Samples: Lease Agreement (Durect Corp)
Continuing Liability of Tenant. Regardless of Landlord's consent, no subletting or assignment shall release Tenant from any of its obligations hereunder Tenant's obligation or alter, impair or diminish alter the primary liability of Tenant to pay the rent and to perform all other obligations to be performed by Tenant hereunder. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. If any assignee of or Tenant or any successor of Tenant defaults in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee or successor. Landlord may consent to subsequent assignments or subleases subletting of this Lease or amendments or modifications to this Lease with assignees of Tenant, without notifying Tenant, or any successor of Tenant, and without obtaining its or their consent thereto, and no such action by Landlord shall not relieve Tenant from of its liability under this Lease. If Tenant assigns this Lease, or subleases sublets all or a portion of the Premises, or requests the consent of Landlord to any assignment or subleasesubletting, or if Tenant requests the consent of Landlord for any act that Tenant proposes to do, then Tenant shall pay to Landlord a non-refundable fee for Landlord's time and efforts, and for expenses incurred by Landlord in connection with reviewing the subject transaction (including any administrative expenses for Landlord's property manager), but in no event less than five hundred dollars ($500.00), and reimburse Landlord for all reasonable attorneys' fees incurred in connection therewith, but in no event in excess of $1,500 for each such assignment or sublease during the initial Term of this Lease and in excess of $2,000 for each such assignment or sublease during the Option Term (as defined below).
Appears in 1 contract
Continuing Liability of Tenant. Regardless Anything contained herein to the contrary notwithstanding, no act or conduct of Landlord's consent, no subletting including, without limitation, exercise of any rights of re-entry described above, efforts to relet the Premises, an action in unlawful detainer or assignment service of notice upon Tenant, or surrender of possession by Tenant pursuant to such notice or action, shall release Tenant from any of its obligations hereunder or alter, impair or diminish extinguish the primary liability of Tenant to pay Rent or other sums due hereunder, nor shall any of the rent and foregoing serve to perform all other obligations terminate this Lease unless Landlord notifies Tenant in writing of Landlord's election to be performed by Tenant hereunderterminate this Lease. The No act or conduct of Landlord, including the acceptance of rent the keys to the Premises, other than a written acknowledgment of acceptance of surrender signed by Landlord from any other person Landlord, shall not be deemed to be a waiver or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term. The surrender of this Lease by Tenant, voluntarily or otherwise, shall, at Landlord's option, operate as an assignment to Landlord of any provision hereof. Consent to one assignment and all existing subleases, or subletting shall not be deemed consent to any subsequent assignment or subletting. If any assignee of Tenant or any successor of Tenant defaults in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without elect to terminate any or all of such subleases by notifying the necessity sublessees of exhausting remedies against its election within fifteen (15) days after such assignee or successorsurrender. Landlord may consent to subsequent assignments or subleases or amendments or modifications to this Lease with assignees of Tenant, without notifying Tenant, or any successor of Tenant, and without obtaining its or their consent thereto, and no such action by Landlord shall relieve Tenant from its liability under this Lease. If Tenant assigns this Lease, or subleases all or a portion of the Premises, or requests the consent of Landlord to any assignment or sublease, then Tenant shall pay Landlord's reasonable attorneys' fees incurred in connection therewith, but in no event in excess of $1,500 for each such assignment or sublease during the initial Term of this Lease and in excess of $2,000 for each such assignment or sublease during the Option Term (as defined below).
Appears in 1 contract
Samples: Lease Agreement (Cleanspark, Inc.)
Continuing Liability of Tenant. Regardless of Landlord's ’s consent, no subletting or assignment shall release Tenant from any of its obligations hereunder Tenant’s obligation or alter, impair or diminish alter the primary liability of Tenant to pay the rent and to perform all other obligations to be performed by Tenant hereunder; provided, however, if Tenant assigns this Lease to an Affiliate of Tenant and, based on documentation provided by Tenant, Landlord reasonably determines that the financial strength of such Affiliate of Tenant immediately after such assignment is equal to or greater than the financial strength of Tenant both as of the date hereof and immediately prior to such assignment, then Tenant shall be released from its primary liability to pay the rent and to perform all other obligations to be performed by Tenant hereunder. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. If any assignee of Tenant or any successor of Tenant defaults in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee or successor. Landlord may consent to subsequent assignments or subleases subletting of this Lease or amendments or modifications to this Lease with assignees of Tenant, without notifying Tenant, or any successor of Tenant, and without obtaining its or their consent thereto, and no such action by Landlord shall not relieve Tenant from of its liability under this Lease. If Tenant assigns this Lease, or subleases sublets all or a portion of the Premises, or requests the consent of Landlord to any assignment or subleasesubletting, or if Tenant requests the consent of Landlord for any act that Tenant proposes to do, then Tenant shall pay Landlord's ’s reasonable attorneys' ’ fees incurred in connection therewith, but in no event in excess of $1,500 for each such assignment or sublease during the initial Term of this Lease and in excess of $2,000 for each such assignment or sublease during the Option Term (as defined below).
Appears in 1 contract
Continuing Liability of Tenant. Regardless of Landlord's ’s consent, no subletting or assignment shall release Tenant from any of its obligations hereunder Tenant’s obligation or alter, impair or diminish alter the primary liability of Tenant to pay the rent and to perform all other obligations to be performed by Tenant hereunder. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. If any assignee of Tenant or any successor of Tenant defaults in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee or successor. Landlord may consent to subsequent assignments or subleases subletting of this Lease or amendments or modifications to this Lease with assignees of Tenant, without notifying Tenant, or any successor of Tenant, and without obtaining its or their consent thereto, and no such action by Landlord shall not relieve Tenant from of its liability under this Lease. If Tenant assigns this Lease, or subleases sublets all or a portion of the Premises, or requests the consent of Landlord to any assignment or subleasesubletting, or if Tenant requests the consent of Landlord for any act that Tenant proposes to do, then Tenant shall pay Landlord's ’s reasonable attorneys' ’ fees incurred in connection therewiththerewith along with any other reasonable consultants’ fees incurred in connection therewith (for example, but in no event in excess an engineer’s fees as a result of $1,500 for each a sublease of a portion of the Premises that requires portions of the Premises are to be mechanically engineered to accommodate such assignment or sublease during the initial Term of this Lease and in excess of $2,000 for each such assignment or sublease during the Option Term (as defined belowsublease).
Appears in 1 contract
Samples: Lease Agreement (Wilshire Financial Services Group Inc)