Continuing Obligation of Tenant. No transfer permitted by this Section 16 shall release Tenant or change Tenant’s primary liability to pay the rent and to perform all other obligations of Tenant under this Lease, nor shall any transfer release any Guarantor or change any Guarantor’s liability to pay rent or perform any other obligation of Tenant under this Lease. Landlord’s acceptance of rent from any other person is not a waiver of any provision of this Section. Consent to one transfer is not a consent to any subsequent transfer. If Tenant’s transferee defaults under this Lease, Landlord may proceed directly against Tenant without pursuing remedies against the transferee. Landlord may consent to subsequent assignments or modifications of this Lease by Tenant’s transferee, without notifying Tenant or obtaining its consent and without relieving Tenant’s liability under this Lease. No assignment or sublease made as permitted by this Section 16 shall affect or reduce any of the obligations of Tenant hereunder, and all such obligations shall continue in full effect as obligations of a principal and not as obligations of a guarantor or surety, to the same extent as though no assignment or subletting had been made. No sublease or assignment made as permitted by this Section 16 shall impose any obligations on Landlord or otherwise affect any of the rights of Landlord under this Lease. Tenant shall, within 10 days after the execution and delivery of any such assignment, deliver a conformed copy thereof to Landlord, and within 10 days after the execution and delivery of any such sublease, Tenant shall give notice to Landlord of the existence and term thereof, and of the name and address of the sublessee thereunder.
Appears in 2 contracts
Samples: Lease (Palace Entertainment Holdings, Inc.), Palace Entertainment Holdings, Inc.
Continuing Obligation of Tenant. No Except as provided below in this Section 15.3, no transfer permitted by this Section 16 15 shall release Tenant or change Tenant’s primary liability to pay the rent and to perform all other obligations of Tenant under this Lease, nor shall any transfer release any Guarantor or change any Guarantor’s liability to pay rent or perform any other obligation of Tenant under this Lease. Landlord’s acceptance of rent from any other person is not a waiver of any provision of this Section. Consent to one transfer is not a consent to any subsequent transfer. If Tenant’s transferee defaults under this Lease, Landlord may proceed directly against Tenant without pursuing remedies against the transferee. Landlord may shall not consent to subsequent assignments or modifications of this Lease by Tenant’s transferee, transferee without first notifying Tenant or and obtaining its consent and without relieving written consent. Such action shall not relieve Tenant’s liability under this Lease. No assignment or sublease made as permitted by this Section 16 , except that Tenant shall affect or reduce not be liable for any extension of the obligations term or increase in rentals made without Tenant’s prior written consent. Notwithstanding the above, upon the assignment of this Lease to an entity or individual with a net worth equal to or greater than the net worth of Tenant hereunder, and all such obligations shall continue in full effect as obligations on the date of a principal and not as obligations execution of a guarantor or surety, to the same extent as though no assignment or subletting had been made. No sublease or assignment made as permitted by this Section 16 shall impose any obligations on Landlord or otherwise affect any of the rights of Landlord under this Lease. Tenant shall, within 10 days after the execution and delivery of any such assignment, deliver a conformed copy thereof to Landlord, and within 10 days after the execution and delivery of any such sublease, Tenant shall give notice to Landlord be released and relieved of all further liability under this Lease from and after the existence effective date of such assignment. Each subsequent assignee, upon making a further assignment in compliance with the terms and term thereof, conditions of this Section 15.3 shall be released and relieved of all further liability under this Lease from and after the name and address effective date of the sublessee thereundersuch further assignment.
Appears in 2 contracts
Samples: Master Lease Agreement, Lease Agreement (Franklin Covey Co)
Continuing Obligation of Tenant. No transfer permitted by this Section 16 transfer, even with the consent of Landlord, shall release Tenant or change Tenant’s primary liability of its obligation to pay the rent and to perform all other obligations of Tenant under this Leasehereunder. Neither a delay in the approval or disapproval of an assignment or subletting, nor shall the acceptance by Landlord of any transfer release any Guarantor or change any Guarantor’s liability to pay rent or perform any other obligation of Tenant under this Lease. Landlord’s acceptance of rent payment due hereunder from any source other person is not than Tenant shall be deemed a waiver by Landlord of any provision of this Section. Consent Lease or to one transfer is not be a consent to any subsequent transferassignment or subletting. If Tenant’s transferee defaults 's obligations under this Lease have been guaranteed by third parties, then an assignment or sublease, and Landlord's consent thereto, shall not be effective unless said guarantors give their written consent to such sublease and the terms thereof. In the event of any default under this Lease, Landlord may proceed directly against Tenant Tenant, any guarantors or anyone else responsible for the performance of this Lease, including the subtenant, without pursuing first exhausting Landlord's remedies against the transfereeany other person or entity responsible therefor to Landlord, or any security held by Landlord or Tenant. Landlord may consent to subsequent assignments or modifications of this Lease by Tenant’s 's transferee, without notifying Tenant or obtaining its consent and without relieving consent. Such action shall not relieve Tenant’s 's liability under this Lease. No assignment or sublease made as permitted by this Section 16 shall affect or reduce any of the obligations of Tenant hereunder, and all such obligations shall continue in full effect as obligations of a principal and not as obligations of a guarantor or surety, to the same extent as though no assignment or subletting had been made. No sublease or assignment made as permitted by this Section 16 shall impose any obligations on Landlord or otherwise affect any of the rights of Landlord under this Lease. Tenant shall, within 10 days after the execution and delivery of any such assignment, deliver a conformed copy thereof to Landlord, and within 10 days after the execution and delivery of any such sublease, Tenant shall give notice to Landlord of the existence and term thereof, and of the name and address of the sublessee thereunder.
Appears in 2 contracts
Samples: Lease Termination Agreement (Maxim Pharmaceuticals Inc), Work Letter Agreement (Maxim Pharmaceuticals Inc)
Continuing Obligation of Tenant. No transfer permitted by this Section 16 transfer, even with the consent of Landlord, shall release Tenant or change Tenant’s primary liability of its obligation to pay the rent and to perform all other obligations of Tenant under this Leasehereunder. Neither a delay in the approval or disapproval of an assignment or subletting, nor shall the acceptance by Landlord of any transfer release any Guarantor or change any Guarantor’s liability to pay rent or perform any other obligation of Tenant under this Lease. Landlord’s acceptance of rent payment due hereunder from any source other person is not than Tenant shall be deemed a waiver by Landlord of any provision of this Section. Consent Lease or to one transfer is not be a consent to any subsequent transferassignment or subletting. If Tenant’s transferee defaults 's obligations under this Lease have been guaranteed by third parties, then an assignment or sublease, and Landlord's consent thereto, shall not be effective unless said guarantors give their written consent to such sublease and the terms thereof. In the event of any default under this Lease, Landlord may proceed directly against Tenant Tenant, any guarantors or anyone else responsible for the performance of this Lease, including the subtenant, without pursuing first exhausting Landlord's remedies against the transfereeany other person or entity responsible therefor to Landlord, or any security held by Landlord or Tenant. Landlord may consent to subsequent assignments or modifications of this Lease by Tenant’s 's transferee, without notifying Tenant or obtaining its consent and without relieving consent. Such action shall not relieve Tenant’s 's liability under this Leaselease. No 10.3.1 Landlord's written consent to any assignment or sublease made as permitted subletting of the Premises by Tenant shall not constitute an acknowledgment that no Default then exists under this Section 16 shall affect or reduce any Lease of the obligations of Tenant hereunderto be performed by Tenant, and all nor shall such obligations shall continue in full effect as obligations of consent be deemed a principal and not as obligations of a guarantor or surety, to the same extent as though no assignment or subletting had been made. No sublease or assignment made as permitted by this Section 16 shall impose any obligations on Landlord or otherwise affect any of the rights of Landlord under this Lease. Tenant shall, within 10 days after the execution and delivery waiver of any such assignmentthen existing Default, deliver a conformed copy thereof to Landlord, and within 10 days after except as may be otherwise stated by Landlord at the execution and delivery of any such sublease, Tenant shall give notice to Landlord of the existence and term thereof, and of the name and address of the sublessee thereundertime.
Appears in 1 contract
Samples: Letter Agreement (Convera Corp)
Continuing Obligation of Tenant. No transfer permitted by this Section 16 transfer, even with the consent of Landlord, shall release Tenant or change Tenant’s primary liability of its obligation to pay the rent and to perform all other obligations of Tenant under this Leasehereunder. Neither a delay in the approval or disapproval of an assignment or subletting, nor shall the acceptance by Landlord of any transfer release any Guarantor or change any Guarantor’s liability to pay rent or perform any other obligation of Tenant under this Lease. Landlord’s acceptance of rent payment due hereunder from any source other person is not than Tenant shall be deemed a waiver by Landlord of any provision of this Section. Consent Lease or to one transfer is not be a consent to any subsequent transferassignment or subletting. If Tenant’s transferee defaults 's obligations under this Lease have been guaranteed by third parties, then an assignment or sublease, and Landlord's consent thereto, shall not be effective unless said guarantors give their written consent to such sublease and the terms thereof. In the event of any default under this Lease, Landlord may proceed directly against Tenant Tenant, any guarantors or anyone else responsible for the performance of this Lease, including the sublessee, without pursuing first exhausting Landlord's remedies against the transfereeany other person or entity responsible therefor to Landlord, or any security held by Landlord or Tenant. Landlord may consent to subsequent assignments or modifications of this Lease by Tenant’s 's transferee, without notifying Tenant or obtaining its consent and without relieving consent. Such action shall not relieve Tenant’s 's liability under this Lease. No assignment or sublease made as permitted by this Section 16 shall affect or reduce any of the obligations of Tenant hereunder, and all such obligations shall continue in full effect as obligations of a principal and not as obligations of a guarantor or surety, to the same extent as though no assignment or subletting had been made. No sublease or assignment made as permitted by this Section 16 shall impose any obligations on Landlord or otherwise affect any of the rights of Landlord under this Lease. Tenant shall, within 10 days after the execution and delivery of any such assignment, deliver a conformed copy thereof to Landlord, and within 10 days after the execution and delivery of any such sublease, Tenant shall give notice to Landlord of the existence and term thereof, and of the name and address of the sublessee thereunder.
Appears in 1 contract
Samples: Cayenta Inc
Continuing Obligation of Tenant. No transfer permitted by this Section 16 transfer, even with the consent of Landlord, shall release Tenant or change Tenant’s primary liability of its obligation to pay the rent and to perform all other obligations of Tenant under this Leasehereunder. Neither a delay in the approval or disapproval of an assignment or subletting, nor shall the acceptance by Landlord of any transfer release any Guarantor or change any Guarantor’s liability to pay rent or perform any other obligation of Tenant under this Lease. Landlord’s acceptance of rent payment due hereunder from any source other person is not than Tenant shall be deemed a waiver by Landlord of any provision of this Section. Consent Lease or to one transfer is not be a consent to any subsequent transferassignment or subletting. If Tenant’s transferee defaults 's obligations under this Lease have been guaranteed by third parties, then an assignment or sublease, and Landlord's consent thereto, shall not be effective unless said guarantors give their written consent to such sublease and the terms thereof. In the event of any default under this Lease, Landlord may proceed directly against Tenant Tenant, any guarantors or anyone else responsible for the performance of this Lease, including the subtenant, without pursuing first exhausting Landlord's remedies against the transfereeany other person or entity responsible therefor to Landlord, or any security held by Landlord or Tenant. Landlord may consent to subsequent assignments or modifications of this Lease by Tenant’s 's transferee, without notifying Tenant or obtaining its consent and without relieving consent. Such action shall not relieve Tenant’s liability under this Lease. No assignment or sublease made as permitted by this Section 16 shall affect or reduce any of the obligations of Tenant hereunder, and all such obligations shall continue in full effect as obligations of a principal and not as obligations of a guarantor or surety, to the same extent as though no assignment or subletting had been made. No sublease or assignment made as permitted by this Section 16 shall impose any obligations on Landlord or otherwise affect any of the rights of Landlord under this Lease. Tenant shall, within 10 days after the execution and delivery of any such assignment, deliver a conformed copy thereof to Landlord, and within 10 days after the execution and delivery of any such sublease, Tenant shall give notice to Landlord of the existence and term thereof, and of the name and address of the sublessee thereunderlease.
Appears in 1 contract
Samples: Work Letter Agreement (Convera Corp)