Common use of DEFAULT, ASSIGNMENT, AND TERMINATION Clause in Contracts

DEFAULT, ASSIGNMENT, AND TERMINATION. Subleasing or Assigning as Breach Section 8.01. Lessee shall not encumber, assign, or otherwise transfer this Lease, any right or interest in this Lease, or any right or interest in the Premises or any of the improvements that may now or hereafter be constructed or installed on the Premises without the express written consent of Lessor first had and obtained. Neither shall Lessee sublet the Premises or any part thereof or allow any other person, other than Lessee’s patrons, agents, servants, and employees, to occupy the Premises or any part thereof without the prior written consent of Lessor. The consent of Lessor to any assignment of Lessee’s interest in this Lease or the subletting by Lessee of the Premises or parts of the Premises shall not be unreasonably withheld. A consent by Lessor to one assignment, one subletting, or one occupation of the Premises by another person shall not be deemed to be a consent to any subsequent assignment, subletting, or occupation of the Premises by another person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of Lessor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of Lessor, terminate this Lease. Notwithstanding the above, Lessee may assign or sublease the Premises, or portions thereof, to a subsidiary, affiliate or parent of Lessee. Such permitted assignment shall not relieve Lessee or any person who has personally guaranteed Lessee’s performance of this Lease from any liability under this Lease or any such guarantee. Section 8.02. The occurrence of any one or more of the following events shall constitute a default under this Lease by Lessee: (a) Non-curable Defaults: (i) The vacation or abandonment of any substantial portion of the Premises by Lessee for a period of five (5) business days or longer;

Appears in 3 contracts

Samples: Lease Agreement (Interhealth Facility Transport, Inc.), Lease Agreement (Interhealth Facility Transport, Inc.), Lease Agreement (Interhealth Facility Transport, Inc.)

AutoNDA by SimpleDocs

DEFAULT, ASSIGNMENT, AND TERMINATION. Subleasing or Assigning as Breach Section 8.01. Lessee shall not encumber, assign, or otherwise transfer this Lease, any right or interest in this Lease, or any right or interest in the Premises or any of the improvements that may now or hereafter be constructed or installed on the Premises without the express written consent of Lessor first had and obtained. Neither shall Lessee sublet the Premises or any part thereof or allow any other person, other than Lessee’s patrons, agents, servants, and employees, to occupy the Premises or any part thereof without the prior written consent of Lessor. The consent of Lessor to any assignment of Lessee’s interest in this Lease or the subletting by Lessee of the Premises or parts of the Premises shall not be unreasonably withheld. A consent by Lessor to one assignment, one subletting, or one occupation of the Premises by another person shall not be deemed to be a consent to any subsequent assignment, subletting, or occupation of the Premises by another person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of Lessor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of Lessor, terminate this Lease. Notwithstanding the above, Lessee may assign or sublease the Premises, or portions thereof, to a subsidiary, affiliate or parent of Lessee. Such permitted assignment shall not relieve Lessee or any person who has personally guaranteed Lessee’s performance of this Lease from any liability under this Lease or any such guarantee. Section 8.02. The occurrence of any one or more of the following events shall constitute a default under this Lease by Lessee: (a) Non-curable Defaults: (i) The vacation or abandonment of any substantial portion of the Premises by Lessee for a period of five (5) business days or longer;,

Appears in 1 contract

Samples: Lease Agreement (Interhealth Facility Transport, Inc.)

DEFAULT, ASSIGNMENT, AND TERMINATION. Section 8.01 Subleasing or Assigning as Breach Section 8.01. Breach Lessee shall not encumber, assign, assign or otherwise transfer this Leaselease, any right or interest in this Leaselease, or any right or interest in the Premises or any of the improvements that may now or hereafter be constructed or installed on the Premises without the express written consent of Lessor first had and obtained. Neither shall Lessee sublet the Premises or any part thereof or allow any other person, other than Lessee’s 's patrons, agents, servants, and employees, employees to occupy the Premises or any part thereof without the prior written consent of Lessor. The consent of Lessor to any assignment of Lessee’s interest in this Lease or the subletting by Lessee of the Premises or parts of the Premises shall not be unreasonably withheld. A consent by Lessor to Lessxx xx one assignment, one subletting, subletting or one occupation of the Premises by another person shall not be deemed to be a consent to any subsequent assignment, subletting, subletting or occupation of the Premises by another person. Any encumbrance, assignment, transfer, transfer or subletting without the prior written consent of Lessor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of Lessor, terminate this Leaselease. The consent of Lessor to any assignment of Lessxx'x xnterest in this lease or the subletting by Lessee of the Premises or parts of the Premises shall not be unreasonably withheld. Notwithstanding the above, Lessee may assign or sublease the Premises, or portions thereof, to a subsidiary, affiliate or parent of Lessee. Such permitted assignment shall not relieve Lessee or any person who has personally guaranteed Lessee’s performance of this Lease from any liability under this Lease or any such guarantee. Section 8.02lease. The occurrence Lessor must respond to written notices from Lessee under the terms of any one or more this section within thirty (30) days, else consent of Lessor will conclusively deemed to have been given. Lessxx xxxo agrees to exempt from this assignment clause the Lessee's duty to obtain Lessxx'x xpproval for mergers, consolidations, takeovers and sales of the following events shall business. Transfers or assignments of this lease, the Premises of the improvements thereon rising from such mergers, consolidations, takeovers or sales of the business will not constitute a default breach under the terms of this Lease by Lessee: (a) Non-curable Defaults: (i) The vacation or abandonment of any substantial portion of the Premises by Lessee for a period of five (5) business days or longer;section.

Appears in 1 contract

Samples: Lease Extension Agreement (Seagate Software Inc)

DEFAULT, ASSIGNMENT, AND TERMINATION. Section 8.01 Subleasing or Assigning as Breach Section 8.01. Breach Lessee shall not encumber, assign, assign or otherwise transfer this Leaselease, any right or interest in this Leaselease, or any right or interest in the Premises or any of the improvements that may now or hereafter be constructed or installed on the Premises without the express written consent of Lessor first had and obtained. Neither shall Lessee sublet the Premises or any part thereof or allow any other person, other than Lessee’s 's patrons, agents, servants, and employees, employees to occupy the Premises or any part thereof without the prior written consent of Lessor. The consent of Lessor to any assignment of Lessee’s interest in this Lease or the subletting by Lessee of the Premises or parts of the Premises shall not be unreasonably withheld. A consent by Lessor to one assignment, one subletting, subletting or one occupation of the Premises by another person shall not be deemed to be a consent to any subsequent assignment, subletting, subletting or occupation of the Premises by another person. Any encumbrance, assignment, transfer, transfer or subletting without the prior written consent of Lessor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of Lessor, terminate this Leaselease. The consent of Lessor to any assignment of Lessee's interest in this lease or the subletting by Lessee of the Premises or parts of the Premises shall not be unreasonably withheld. Notwithstanding the above, Lessee may assign or sublease the Premises, or portions thereof, to a subsidiary, affiliate or parent of Lessee. Such permitted assignment shall not relieve Lessee or any person who has personally guaranteed Lessee’s performance of this Lease from any liability under this Lease or any such guarantee. Section 8.02lease. The occurrence Lessor must respond to written notices from Lessee under the terms of any one or more this section within thirty (30) days, else consent of Lessor will conclusively deemed to have been given. Lessor also agrees to exempt from this assignment clause the Lessee's duty to obtain Lessor's approval for mergers, consolidations, takeovers and sales of the following events shall business. Transfers or assignments of this lease, the Premises of the improvements thereon rising from such mergers, consolidations, takeovers or sales of the business will not constitute a default breach under the terms of this Lease by Lessee: (a) Non-curable Defaults: (i) The vacation or abandonment of any substantial portion of the Premises by Lessee for a period of five (5) business days or longer;section.

Appears in 1 contract

Samples: Lease Agreement (Seagate Software Inc)

AutoNDA by SimpleDocs

DEFAULT, ASSIGNMENT, AND TERMINATION. Subleasing or Assigning as Breach Section 8.019.01. Lessee shall not encumber, assign, or otherwise transfer this Leaselease, any right or interest in this Leaselease, or any right or interest in the Premises or any of the improvements that may now or hereafter be constructed or installed on the Premises without the express written consent of Lessor first had and obtained. Neither shall Lessee sublet the Premises or any part thereof or allow any other person, other than Lessee’s patrons, agents, servants, and employees, to occupy the Premises or any part thereof without the prior written consent of Lessor. The consent of Lessor to any assignment of Lessee’s interest in this Lease or the subletting by Lessee of the Premises or parts of the Premises shall not be unreasonably withheld. A consent by Lessor to one assignment, one subletting, or one occupation of the Premises by another person shall not be deemed to be a consent to any subsequent assignment, subletting, or occupation of the Premises by another person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of Lessor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of Lessor, terminate this Leaselease. Notwithstanding the above, Lessee may assign or sublease the Premises, or portions thereof, The consent of Lessor to a subsidiary, affiliate or parent any assignment of Lessee’s interest in this lease or the subletting by Lessee of the Premises or parts of the Premises shall not be unreasonably withheld. Such Any such permitted assignment shall not relieve Lessee or any person who has personally guaranteed Lessee’s performance of this Lease lease from any liability under this Lease lease or any such guarantee. Section 8.029.02. The occurrence of any one or more Should Lessee breach this lease and abandon the Premises prior to the natural expiration of the following events shall constitute a default under term of this Lease by Lesseelease, Lessor may: (a) Non-curable Defaults: Continue this lease in effect by not terminating Lessee’s right to possession of the Premises, in which event Lessor shall be entitled to enforce all his rights and remedies under this lease, including the right to recover the rent specified in this lease as it becomes due under this lease; or (b) Terminate this lease and recover from Lessee: (i) The vacation or abandonment worth at the time of any substantial portion award of the Premises unpaid rent which had been earned at the time of termination of the lease; (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination of the lease until the time of award exceeds the amount of rental loss that Lessee proves could have been reasonable avoided; (iii) The worth at the time of award of the amount by which the unpaid rent for a period the balance of five the term of this lease after the time of award exceeds the amount of rental loss that Lessee proves could be reasonably avoided; and (5iv) business days or longer;Any other amount necessary to compensate Lessor for all detriment proximately caused by Lessee’s failure to perform Lessee’s obligations under this lease.

Appears in 1 contract

Samples: Lease Agreement (Coast Bancorp/Ca)

DEFAULT, ASSIGNMENT, AND TERMINATION. Subleasing or Assigning as Breach Section 8.01. 8.01 Lessee shall not encumber, assign, or otherwise transfer this Lease, any right or interest in this Lease, or any right or interest in the Premises or any of the improvements that may now or hereafter be constructed or installed on the Premises without the express written consent of Lessor first had and obtained. Neither shall Lessee sublet the Premises or any part thereof or allow any other person, other than Lessee’s patrons, agents, servants, and employees, to occupy the Premises or any part thereof without the prior written consent of Lessor. The consent of Lessor to any assignment of Lessee’s interest in this Lease or the subletting by Lessee of the Premises or parts of the Premises shall not be unreasonably withheld. A consent by Lessor to one assignment, one subletting, or one occupation of the Premises by another person shall not be deemed to be a consent to any subsequent assignment, subletting, or occupation of the Premises by another person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of Lessor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of Lessor, terminate this Lease. Notwithstanding the above, Lessee may assign or sublease the Premises, or portions thereof, to a subsidiary, affiliate or parent of Lessee. Such permitted assignment shall not relieve Lessee or any person who has personally guaranteed Lessee’s performance of this Lease from any liability under this Lease or any such guarantee. Section 8.02. 8.02 The occurrence of any one or more of the following events shall constitute a default under this Lease by Lessee: (a) Non-curable Defaults: (i) The vacation or abandonment of any substantial portion of the Premises by Lessee for a period of five (5) business days or longer;

Appears in 1 contract

Samples: Lease Agreement (Interhealth Facility Transport, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!