Common use of EFFECT OF ASSIGNMENT OR SUBLETTING Clause in Contracts

EFFECT OF ASSIGNMENT OR SUBLETTING. In all events, notwithstanding any assignment or subletting permitted hereunder, Tenant's liability to Landlord shall remain direct and primary. Any assignee of Tenant's interest in the Premises shall be deemed to have agreed directly with Landlord to be jointly and severally liable with Tenant for the performance of Tenant's obligations hereunder and such assignee shall upon request execute and deliver such instruments as Landlord reasonably requests in confirmation thereof (and agrees that its failure to do so shall be subject to the default provisions of this Lease). At any time after the occurrence of an Event of Default hereunder, Landlord may collect rent and other charges from any assignee or sublessee (and upon notice any assignee or sublessee shall pay such sums directly to Landlord) and apply the amount collected to the rent and other charges herein reserved. No consent to assignment or collection of rent by Landlord directly from any assignee or sublessee or failure so to collect such rent shall be deemed a waiver of the provisions of this Section 15, an acceptance of such assignee or sublessee as a tenant hereunder, or a release of Tenant from direct and primary liability for the performance of all of the covenants of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\)

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EFFECT OF ASSIGNMENT OR SUBLETTING. In all events, notwithstanding any assignment or subletting permitted hereunder, Tenant's liability to Landlord shall remain direct and primary. Any assignee or sublessee of Tenant's interest in the Premises Premises, other than a sublessee under a sublease entered into pursuant to SECTION 15.4 or SECTION 15.5 hereof to whom such joint and severally liability provisions shall not apply, shall be deemed to have agreed directly with Landlord to be jointly and severally liable with Tenant for the performance of Tenant's obligations hereunder and such assignee or sublessee shall upon request execute and deliver such instruments as Landlord reasonably requests in confirmation thereof (and agrees that its failure to do so shall be subject to the default provisions of this Lease). At any time after the occurrence of an Event of Default hereunder, Landlord may collect rent and other charges from any assignee or sublessee (and upon notice any assignee or sublessee shall pay such sums directly to Landlord) and apply the amount collected to the rent and other charges herein reserved. No consent to assignment or collection of rent by Landlord directly from any assignee or sublessee or failure so to collect such rent shall be deemed a waiver of the provisions of this Section SECTION 15, an acceptance of such assignee or sublessee as a tenant hereunder, or a release of Tenant from direct and primary liability for the performance of all of the covenants of this Lease.

Appears in 1 contract

Samples: Form of Lease Agreement (Balanced Care Corp)

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EFFECT OF ASSIGNMENT OR SUBLETTING. In all events, notwithstanding any assignment or subletting permitted hereunder, Tenant's liability to Landlord shall remain direct and primary. Any assignee of Tenant's interest in the Premises shall be deemed to have agreed directly with Landlord to be jointly and severally liable with Tenant for the performance of Tenant's obligations hereunder and such assignee shall upon request execute and deliver such instruments as Landlord reasonably requests in confirmation thereof (and agrees that its failure to do so shall be subject to the default provisions of this Lease). At any time dme after the occurrence of an Event of Default hereunder, Landlord may require any assignee or sublessee to attorn to Landlord and may collect rent and other charges from any assignee or sublessee (and upon notice any assignee or sublessee shall pay such sums directly to Landlord) and apply the amount collected to the rent and other charges herein reserved, provided however that Landlord shall not be liable for any prepaid rents or security deposits paid by any sublessees to Tenant or for any other prior defaults of Tenant under such sublease. No consent to assignment assigument or collection of rent by Landlord directly from any assignee or sublessee or failure so to collect such rent shall be deemed a waiver of the provisions of this Section 15, an acceptance of such assignee or sublessee as a tenant hereunder, or a release of Tenant from direct and primary liability for the performance of all of the covenants of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

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