Common use of Effect of Consent Clause in Contracts

Effect of Consent. Each sublessee or assignee shall fully observe all covenants of this Lease including, without limitation, the provisions of Section 1.5, and no consent by Landlord to an assignment or sublease shall be deemed in any manner to be a consent to a use not permitted under Section 1.5. Tenant shall provide to Landlord copies of any and all executed assignments and subleases entered into by Tenant in accordance with the provisions of this Lease within ten (10) days after the effective date thereunder. No assignment or subletting by Tenant shall relieve Tenant of any obligation under this Lease and Tenant shall remain fully liable hereunder. Any attempted assignment or sublease by Tenant in violation of the terms and covenants of this Section 8.1 shall be void. Any consent by Landlord to a particular assignment or sublease shall not constitute Landlord's consent to any other or subsequent assignment or sublease and any proposed sublease or assignment by a sublessee of Tenant shall be subject to the provisions of this Section 8.1 as if it were a proposed sublease or assignment by Tenant. The restriction against an assignment or sublease described in this Section 8.1 shall be deemed to include a restriction against Tenant's mortgaging its leasehold estate as well as against an assignment or sublease which may occur by operation of law. If, at the time a default occurs under this Lease, the Leased Premises or any part thereof have been sublet, Landlord, in addition to any other remedies herein provided or available at law or in equity, may, at its option, collect directly from such subtenant all rents due and becoming due to Tenant under such sublease and apply such rent against the Rent due to Landlord from Tenant hereunder, and no such collection shall be construed to constitute a novation or a release of Tenant from the further performance of its obligations hereunder. Tenant shall pay to Landlord, within ten (10) days after request therefor, Landlord's verifiable out-of-pocket costs, including legal fees, incurred in review and consideration of any request for consent to assignment and any consents or agreements executed in connection therewith. Tenant hereby waives the provisions of Section 1995.310 of the California Civil Code, or any successor statute, and all other remedies, including, without limitation, any right at law or equity to terminate this Lease, on its own behalf and, to the extent permitted under all applicable laws, on behalf of the proposed transferee.

Effect of Consent. Each sublessee or assignee shall fully observe all covenants If Landlord consents to a Transfer (a) the terms and conditions of this Lease includingLease, without limitationincluding the terms of Article 5 hereof, the provisions of Section 1.5shall not be deemed to have been waived or modified, and no (b) such consent shall not be deemed a consent to any further Transfer by Landlord Tenant or any transferee, nor constitute consent to an assignment or sublease other Transfer following a foreclosure of any permitted lien, mortgage or other encumbrance, (c) Tenant shall furnish, upon Landlord’s request, if readily available, a complete statement, certified by an authorized representative of Tenant, setting forth in detail the computation of any Transfer Premium resulting from such Transfer, and (d) in the case of a sublease, except as provided in Section 14.8, Landlord’s prior consent shall be deemed required in the event of any manner subsequent sub-subletting and any expansion or assignment of the Sublease by the applicable subtenant. Except for a Permitted Transfer, no Transfer shall be made or be effective until Tenant shall deliver to Landlord fully executed copies of all documentation pertaining to the Transfer in form reasonably satisfactory to Landlord, whereby the transferee shall assume in writing, for the benefit of Landlord, all of the obligations of this Lease on the part of Tenant to be a performed or observed, and agree to be subject to all of the covenants, agreements, terms, provisions and conditions in this Lease to the extent applicable to the interest being transferred. Except as provided in Section 14.8, no Transfer, whether with or without Landlord’s consent, shall relieve Tenant or any guarantor of this Lease (if any) (including any prior unreleased transferor of this Lease) from any liability under this Lease for the payment of Base Rent and Additional Rent due and to become due hereunder, for performance of all of the covenants, agreements, terms and provisions contained in this Lease to be performed by Tenant or for the acts and omissions of transferee, and Landlord’s consent to a use any Transfer shall not permitted under Section 1.5be effective unless all guarantors of this Lease (including any prior unreleased transferor of this Lease) also consent to such Transfer in writing. Tenant shall provide to Landlord copies of any and all executed assignments and subleases entered into by Tenant in accordance with the provisions of this Lease within ten (10) days after the effective date thereunder. No assignment or subletting by Tenant shall relieve Tenant of any obligation remain liable under this Lease as a principal and not as a surety; however, if Tenant shall remain fully is nonetheless deemed a surety by remaining liable hereunder. Any attempted assignment or sublease by Tenant in violation of the terms and covenants of this Section 8.1 shall be void. Any consent by Landlord to a particular assignment or sublease shall not constitute Landlord's consent to any other or subsequent assignment or sublease and any proposed sublease or assignment by a sublessee of Tenant shall be subject to the provisions of this Section 8.1 as if it were a proposed sublease or assignment by Tenant. The restriction against an assignment or sublease described in this Section 8.1 shall be deemed to include a restriction against Tenant's mortgaging its leasehold estate as well as against an assignment or sublease which may occur by operation of law. If, at the time a default occurs under this Lease, the Leased Premises or any part thereof have been sublet, Landlord, in addition to any other remedies herein provided or available at law or in equity, may, at its option, collect directly from such subtenant all rents due and becoming due to Tenant under such sublease and apply such rent against the Rent due to Landlord from Tenant hereunder, and no such collection shall be construed to constitute a novation or a release of Tenant from the further performance of its obligations hereunder. Tenant shall pay to Landlord, within ten (10) days after request therefor, Landlord's verifiable out-of-pocket costs, including legal fees, incurred in review and consideration of any request for consent to assignment and any consents or agreements executed in connection therewith. Tenant hereby waives the provisions of Section 1995.310 all applicable suretyship defenses, including those contained in Sections 2787 to 2855, inclusive, of the California Civil Code, or any successor statute, and all other remedies, including, without limitation, any right at law or equity to terminate this Lease, on its own behalf and, to the extent permitted under all applicable laws, on behalf of the proposed transferee.

Effect of Consent. Each sublessee or assignee shall fully observe all covenants of this Lease including, without limitation, the provisions of Section 1.5, and no The consent by Landlord to an assignment any assignment, transfer, sublease, mortgage or sublease encumbrance shall not be deemed in any manner to be construed as a consent to a use not permitted under Section 1.5. waiver or release of Tenant shall provide to Landlord copies of from any and all executed assignments liability for the performance of all covenants and subleases entered into obligations to be performed by Tenant under this Lease, nor shall the collection or acceptance of rent from any assignee, transferee or subtenant constitute a waiver or release of Tenant from any of its liabilities or obligations under this Lease. Landlord's consent to any assignment, transfer, sublease, mortgage or encumbrance shall not be construed as relieving Tenant (or any such assignee or subtenant) from the obligation of obtaining Landlord's consent to any further assignment, transfer, sublease, mortgage or encumbrance in accordance with the provisions of this Lease within ten (10) days after Sections 6.1 or 6.2 hereof, as applicable. For any period during which Tenant is in default hereunder, Tenant hereby assigns to Landlord the effective date thereunderrents or other sums due from any subtenant or assignee of Tenant and hereby authorizes each subtenant or assignee to pay said rents or other sums directly to Landlord. No assignment All monies, rents or subletting by other consideration paid or delivered to, or received by, Tenant from any subtenant or assignee shall relieve Tenant of any obligation under this Lease and Tenant shall remain fully liable hereunder. Any attempted assignment or sublease be held by Tenant in violation of the terms trust for Landlord and covenants of this Section 8.1 shall be voidpaid to Landlord immediately upon demand therefor. Any consent Tenant further agrees to submit any and all instruments of assignment, transfer or sublease to Landlord for Landlord's prior written approval as to form and substance, which may be given or withheld by Landlord in its sole and absolute discretion, but which instruments shall provide, as an express condition precedent to a particular assignment or sublease shall not constitute Landlord's consent prior approval, that any assignee, transferee or sublessee agrees to any other or subsequent assignment or sublease remain jointly and any proposed sublease or assignment by a sublessee of Tenant shall be subject to the provisions of this Section 8.1 as if it were a proposed sublease or assignment by Tenant. The restriction against an assignment or sublease described in this Section 8.1 shall be deemed to include a restriction against Tenant's mortgaging its leasehold estate as well as against an assignment or sublease which may occur by operation of law. If, at the time a default occurs under this Lease, the Leased Premises or any part thereof have been sublet, Landlord, in addition to any other remedies herein provided or available at law or in equity, may, at its option, collect directly from such subtenant all rents due and becoming due to Tenant under such sublease and apply such rent against the Rent due severally liable to Landlord from Tenant hereunderfor all obligations imposed by any such agreement of assignment, and no such collection shall be construed to constitute a novation transfer or a release of Tenant from the further performance of its obligations hereunder. Tenant shall pay to Landlord, within ten (10) days after request therefor, Landlord's verifiable out-of-pocket costs, including legal fees, incurred in review and consideration of any request for consent to assignment and any consents or agreements executed in connection therewith. Tenant hereby waives the provisions of Section 1995.310 of the California Civil Code, or any successor statute, and all other remedies, including, without limitation, any right at law or equity to terminate this Lease, on its own behalf and, to the extent permitted under all applicable laws, on behalf of the proposed transfereesublease.

Effect of Consent. Each sublessee or assignee shall fully observe all covenants of this Lease including, without limitation, Consent by the provisions of Section 1.5, and no consent by Landlord State to an any assignment or sublease shall not operate to relieve, release, or discharge the Concessionaire making such assignment or sublease of or from any obligations, whether past, present, or future, under this Agreement, and such Concessionaire shall continue fully liable hereunder except to the extent, if any, expressly provided for in such consent. Upon any such permitted assignment, the term "Concessionaire" as used in this Agreement shall refer to the assignee holding the interest and leasehold estate under this Agreement (except as otherwise specifically provided herein), provided that the assignor Concessionaire shall remain jointly and severally liable for the obligations of Concessionaire under this Agreement. Consent by the State in any one instance shall not be deemed in any manner to be a consent to a use not permitted under Section 1.5. Tenant shall provide to Landlord copies of any and all executed assignments and subleases entered into by Tenant in accordance with or relieve Concessionaire from obtaining the provisions of this Lease within ten (10) days after the effective date thereunder. No assignment or subletting by Tenant shall relieve Tenant of any obligation under this Lease and Tenant shall remain fully liable hereunder. Any attempted assignment or sublease by Tenant in violation of the terms and covenants of this Section 8.1 shall be void. Any consent by Landlord to a particular assignment or sublease shall not constitute LandlordState's consent to any other or subsequent assignment or subletting. Consent by the State shall be conditioned upon agreement by the sub-concessionaire or sub-concessionaires or assignees to comply with and be bound by all of terms, covenants, conditions, provisions, and agreements of this Agreement to the extent of the space sublet or assigned, and an agreement that the State shall have the right, but not the obligation, to enforce the terms and provisions of any such assignment or sublease affecting the State's interests and any proposed Concessionaire shall deliver to the State within thirty (30) days after execution, an executed copy of each such sublease or assignment containing an agreement of compliance by a sublessee each such sub-Concessionaire and assignee. Concessionaire shall pay all of Tenant shall be subject to the provisions of this Section 8.1 as if it were a proposed sublease or assignment by Tenant. The restriction against an assignment or sublease described in this Section 8.1 shall be deemed to include a restriction against TenantState's mortgaging its leasehold estate as well as against an assignment or sublease which may occur by operation of law. Ifcosts, at the time a default occurs under this Lease, the Leased Premises or any part thereof have been sublet, Landlord, in addition to any other remedies herein provided or available at law or in equity, may, at its option, collect directly from such subtenant all rents due and becoming due to Tenant under such sublease and apply such rent against the Rent due to Landlord from Tenant hereundercharges, and no such collection shall be construed to constitute a novation or a release of Tenant from the further performance of its obligations hereunder. Tenant shall pay to Landlord, within ten (10) days after request therefor, Landlord's verifiable out-of-pocket costsexpenses, including legal attorney's fees, incurred in review and consideration of connection with any request for consent to assignment and any consents or agreements executed in connection therewith. Tenant hereby waives the provisions of Section 1995.310 of the California Civil Code, sublease requested or any successor statute, and all other remedies, including, without limitation, any right at law or equity to terminate this Lease, on its own behalf and, to the extent permitted under all applicable laws, on behalf of the proposed transfereemade by Concessionaire.

Effect of Consent. Each sublessee or assignee consent to assignment issued by Landlord pursuant to Section 12.3 shall fully observe all covenants be effective with respect to any assignment of this Lease includingto the assignee identified in Tenant's request for consent provided that such assignment (i) is fully-executed and delivered (and a copy thereof delivered to Landlord) within 270 days of Tenant's request for consent, without limitation, and (ii) is effective on a date no earlier than the date set forth in Tenant's request for consent. If Tenant proposes to enter into any assignment of this Lease not conforming to the foregoing provisions of this paragraph, Tenant shall again be required to comply with the foregoing provisions of this Article 12. Each consent to sublease issued by Landlord pursuant to Section 1.512.3 shall be effective with respect to any sublease of all or any portion of the Proposed Sublease Premises identified in Tenant's request for consent to the subtenant identified in Tenant's request for consent provided that such sublease (i) is fully-executed and delivered (and a copy thereof delivered to Landlord) within 270 days of Tenant's request for consent, (ii) commences no earlier than the proposed commencement date set forth in Tenant's request for consent, and (iii) expires (assuming the exercise of any renewal options provided for therein) no consent by later than the Proposed Sublease Expiration Date set forth in Tenant's request for consent. If Tenant proposed to enter into any sublease of all or any portion of the Premises not conforming to the foregoing provisions of this paragraph, Tenant shall again be required to comply with the foregoing provisions of this Article 12. Tenant shall deliver to Landlord prior to an the effective date of the assignment or the commencement date of the sublease executed copies of such assignment or sublease shall be deemed in any manner as well as all other agreements, if any, relating to such assignment or sublease, and, if not fully disclosed thereby, a statement of all consideration to be a consent to a use not permitted under Section 1.5. Tenant shall provide to Landlord copies of any and all executed assignments and subleases entered into received by Tenant for or in accordance connection with the provisions of this Lease within ten (10) days after the effective date thereunder. No assignment or subletting by Tenant shall relieve Tenant of any obligation under this Lease and Tenant shall remain fully liable hereunder. Any attempted assignment or sublease by Tenant in violation of the terms and covenants of this Section 8.1 shall be void. Any consent by Landlord to a particular assignment or sublease shall not constitute Landlord's consent to any other or subsequent assignment or sublease and any proposed sublease or assignment by a sublessee the terms of Tenant shall be subject to the provisions of this Section 8.1 as if it were a proposed sublease or assignment by Tenant. The restriction against an assignment or sublease described in this Section 8.1 shall be deemed to include a restriction against Tenant's mortgaging its leasehold estate as well as against an assignment or sublease which may occur by operation of law. If, at the time a default occurs under this Lease, the Leased Premises or any part thereof have been sublet, Landlord, in addition to any other remedies herein provided or available at law or in equity, may, at its option, collect directly from such subtenant all rents due and becoming due to Tenant under such sublease and apply such rent against the Rent due to Landlord from Tenant hereunder, and no such collection shall be construed to constitute a novation or a release of Tenant from the further performance of its obligations hereunder. Tenant shall pay to Landlord, within ten (10) days after request payment therefor, Landlord's verifiable out-of-pocket costs, including legal fees, incurred in review and consideration of any request for consent to assignment and any consents or agreements executed in connection therewith. Tenant hereby waives the provisions of Section 1995.310 of the California Civil Code, or any successor statute, and all other remedies, including, without limitation, any right at law or equity to terminate this Lease, on its own behalf and, to the extent permitted under all applicable laws, on behalf of the proposed transferee.