Landlord’s Election to Receive Rents. 3.1. Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent received by Landlord from Subtenant, but the acceptance of any payment on account of rent from Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease. 3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and Landlord will accept same, will credit the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make such payments directly to Landlord.
Appears in 3 contracts
Samples: Sublease (Hyatt Hotels Corp), Sublease (Hyatt Hotels Corp), Sublease (Hyatt Hotels Corp)
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from Subtenant pursuant to Section 3(ii) above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s obligations obligation under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without with any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of or rent from Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, Lease or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments payment of rent from Subtenant directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep in no manner whatsoever be deemed an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed attornment by Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 2 contracts
Samples: Consent to Sublease Agreement (Ziprecruiter, Inc.), Consent to Sublease Agreement (Ziprecruiter, Inc.)
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to Section 4, item (ii), above, or pursuant to the penultimate sentence of Section 4, above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from the Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums payment of rent from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit shall in no manner whatsoever be deemed an attornment by the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 2 contracts
Samples: Consent to Sublease Agreement (Exelixis Inc), Consent to Sublease Agreement (Exelixis Inc)
Landlord’s Election to Receive Rents. 3.1. Tenant Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to Section 3(b) above, be deemed liable to Subtenant for any failure of Sublandlord to perform and comply with any obligation of Sublandlord, and Sublandlord hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default an Event of Default exists in the performance of TenantSublandlord’s obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the SubleaseSublease during the continuance of such Event of Default. Tenant Sublandlord agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default Event of Default under the Lease exists and notwithstanding any notice from or claim from Tenant Sublandlord to the contrary. Tenant Sublandlord shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant Sublandlord against Base Rent and Operating Expenses due Sublandlord under the Lease with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from Subtenant as the result of any such default Event of Default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, Lease or serve to release Tenant Sublandlord from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments payment of rent from Subtenant directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit shall in no manner whatsoever be deemed an attornment by the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to Section 4, item (ii), above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from the Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums payment of rent from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit shall in no manner whatsoever be deemed an attornment by the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Samples: Consent to Sublease Agreement (Audentes Therapeutics, Inc.)
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease nor by reason of the collection of rents or any other sums from the Subtenant pursuant to Section 3(ii), above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s 's obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from the Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, Lease or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums payment of rent from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit shall in no manner whatsoever be deemed an attornment by the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Samples: Consent to Sublease Agreement (Seebeyond Technology Corp)
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to Section 3(ii), above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default (after expiration of all applicable notice and cure periods) exists in the performance of Tenant’s obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such uncured default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Subject to Landlord’s right to receive the Transfer Premium pursuant to Section 14.3 of the Lease, Landlord shall credit Tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from the Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, Lease or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums payment of rent from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit shall in no manner whatsoever be deemed an attornment by the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Samples: Office Lease (Intuit Inc)
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to Section 4, item (ii) above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from the Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums payment of rent from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit shall in no manner whatsoever be deemed an attornment by the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Samples: Consent to Sublease Agreement (Bolt Biotherapeutics, Inc.)
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to Section 3(ii), above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from the Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, Lease or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason any payment of the Sublease, nor by reason of the collection of rents or any other sums rent from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit shall in no manner whatsoever be deemed an attornment by the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to Section 3(ii), above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s 's obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding EXHIBIT I-2 any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Subject to Landlord's right to receive the Transfer Premium pursuant to Section 14.3 of the Lease, Landlord shall credit Tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from the Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, Lease or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums payment of rent from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit shall in no manner whatsoever be deemed an attornment by the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Samples: Office Lease (Websense Inc)
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of ------------------------------------ the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to Section 3(ii), above, be deemed liable to Subtenant ------------- for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s 's obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from the Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, Lease or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums payment of rent from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit shall in no manner whatsoever be deemed an attornment by the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Samples: Consent to Sublease Agreement (Keith Companies Inc)
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to Section 3(ii), above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from the Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, Lease or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason any payment of the Sublease, nor by reason of the collection of rents or any other sums rent from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit shall in no manner whatsoever be deemed an attornment by the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from Subtenant pursuant to Section 3, above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default Default exists under the Lease in the performance of Tenant’s obligations under the LeaseLease (beyond any applicable notice and cure periods), to pay to Landlord the rents and any other sums due under the Sublease, to the extent of the rent and to become any other sums due under the SubleaseLease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default Default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent or other sums received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from Subtenant as the result of any such default Default shall in no manner whatsoever be deemed an attornment by Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, Lease or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments payment of rent from Subtenant directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep in no manner whatsoever be deemed an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed attornment by Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to Section 4, item (ii), above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default beyond applicable notice and cure periods exists in the performance of Tenant’s obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from the Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums payment of rent from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit shall in no manner whatsoever be deemed an attornment by the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Samples: Sublease (Alector, Inc.)
Landlord’s Election to Receive Rents. 3.1. 3.1 Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent received by Landlord from Subtenant, but the acceptance of any payment on account of rent from Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. 3.2 Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and Landlord will accept same, will credit the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make such payments directly to Landlord.
Appears in 1 contract
Samples: Sublease (Hyatt Hotels Corp)
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to SECTION 3(ii), above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s 's obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, Lease or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments payment of rent from Subtenant directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep in no manner whatsoever be deemed an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed attornment by Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Samples: Sublease (Imageware Systems Inc)
Landlord’s Election to Receive Rents. 3.1Landlord will not, as a result of the Sublease, or as a result of the collection of rents or any other sums from Subtenant under Section 2(b)(ii), above, be liable to Subtenant for any failure of Tenant to perform any obligation of Tenant under the Sublease. Tenant hereby irrevocably authorizes and directs Subtenant, upon on receipt of any written notice from Landlord stating that a default (beyond the expiration of applicable notice and cure periods) exists in the performance of Tenant’s obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have has the right to rely upon on any such statement and request from Landlord, and that Subtenant shall will pay any such those rents and any other sums to Landlord without any obligation or right to inquire as to whether such a default exists and notwithstanding despite any notice from or claim from Tenant to the contrary. Tenant shall will not have any right or claim against Subtenant for any such those rents or any other sums so paid by Subtenant to Landlord. Landlord shall will credit Tenant with any rent received by Landlord from Subtenantunder this assignment, but the acceptance of any payment on account of rent from Subtenant as the result of any such a default shall in no manner whatsoever by Tenant will not: (i) be deemed an attornment by Landlord to Subtenant or by Subtenant to Landlord, ; (ii) be deemed a waiver by Landlord of any provision of the Lease, ; or serve to (iii) release Tenant from any liability under the terms, covenantsagreements, conditions, provisions or agreements under conditions of the Lease. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments No payment of rent by Subtenant directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons for that payment, will credit the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep be deemed an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed attornment by Subtenant to make such payments directly Landlord in the absence of a specific written agreement signed by Landlord to Landlordthat effect.
Appears in 1 contract
Samples: Lease Agreement (UserTesting, Inc.)
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sub-Sublease, nor by reason of the collection of rents or any other sums from the Sub-Subtenant pursuant to Section 3(ii), above, be deemed liable to Sub-Subtenant for any failure of Tenant or Subtenant to perform and comply with any obligation of Tenant or Subtenant (as applicable), and Tenant and Subtenant hereby irrevocably authorizes and directs Sub-Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s obligations Tenant and/or Subtenant has failed to perform an obligation under the Lease, the Sublease or the Sublease Consent, as applicable, (beyond applicable notice and cure periods), to pay to Landlord the rents and any other sums due and to become due under the Sub-Sublease. Tenant agrees and Subtenant agree that Sub-Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Sub-Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default failure exists and notwithstanding any notice from or claim from Tenant or Subtenant to the contrary. Tenant and Subtenant shall not have any right or claim against Sub-Subtenant for any such rents or any other sums so paid by Sub-Subtenant to Landlord. Landlord shall credit Tenant, and Tenant shall credit Subtenant, with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from the Sub-Subtenant as the result of any such default failure shall in no manner whatsoever be deemed to be an election by Landlord to succeed to Tenant’s and/or Subtenant’s interest in the Sub-Sublease or cause an attornment by the Landlord to Sub-Subtenant or by Sub-Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the LeaseLease or Sublease Consent, or serve to release Subtenant from any liability under the terms, covenants, conditions, provisions or agreements under the Sublease or the Sublease Consent. Landlord shall notNotwithstanding the foregoing, by reason any payment of the Sublease, nor by reason of the collection of rents or any other sums rent from the Sub-Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit shall in no manner whatsoever be deemed an attornment by the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Sub-Subtenant to make Landlord in the absence of a specific written agreement or notice signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease, or by reason of the collection of rents or any other sums from Subtenant pursuant to Section 4 above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a an event of default exists in the performance of Tenant’s 's obligations under the LeaseLease beyond all applicable notice and cure periods, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have have, and hereby waives, any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent or other sums received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments payment of rent from Subtenant directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep in no manner whatsoever be deemed an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed attornment by Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to Section 4, item (ii), above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s 's obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from the Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums payment of rent from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit shall in no manner whatsoever be deemed an attornment by the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Landlord’s Election to Receive Rents. 3.1Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to SECTION 4(II), above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant except with respect to Subtenant's prepaid rents to Tenant of less than one (1) month and except that Landlord shall be liable to Subtenant for, and shall credit Subtenant with, the unapplied portions of the original Security Deposit paid by Subtenant to Sublandlord in the amount of Four Hundred Thirty Thousand Dollars ($430,000.00) ("Initial Security Deposit") and the unapplied portions of the additional Security Deposit paid by Subtenant to Landlord on or prior to July 1, 2004, if paid to Landlord, in the amount of Two Hundred Thousand Dollar ($200,000.00) ("Second Security Deposit"), pursuant to Section 5 of the Sublease (although Landlord shall not be liable for any amounts of the Initial Security Deposit or Second Security Deposit which Tenant claims Tenant applied in accordance with the terms of the Sublease). Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s 's obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from the Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums payment of rent from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and regardless of the circumstances or reasons therefor, shall in no manner whatsoever be deemed an attornment by the Subtenant to Landlord will accept samein the absence of a specific written agreement signed by Landlord to such an effect. Notwithstanding anything to the contrary contained herein, will credit Landlord agrees that any payments made by Subtenant to Tenant prior to the amounts so received against the amounts due and payable from date that Landlord notifies Subtenant in writing that Tenant is in monetary default under the Lease, and Lease shall keep an accounting of such payments to enable Tenant to ascertain so satisfy Subtenant's obligations under the Sublease which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make such payments directly to Landlordbeen paid.
Appears in 1 contract
Samples: Sublease (Overhill Farms Inc)
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from Subtenant pursuant to Section 4, item (ii) above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default beyond applicable notice and cure periods exists in the performance of Tenant’s 's obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments payment of rent from Subtenant directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep in no manner whatsoever be deemed an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed attornment by Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Samples: Consent to Sublease Agreement (Prothena Corp Public LTD Co)
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to Section 3(ii), above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s 's obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or a claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from the Subtenant as the result results of any such default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, Lease or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums payment of rent from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit shall in no manner whatsoever be deemed an attornment by the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Samples: Consent to Sublease Agreement (Oplink Communications Inc)
Landlord’s Election to Receive Rents. 3.1. Tenant Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to Section 3(b) above, be deemed liable to Subtenant for any failure of Sublandlord to perform and comply with any obligation of Sublandlord, and Sublandlord hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of TenantSublandlord’s obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant Sublandlord agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant Sublandlord to the contrary. Tenant Sublandlord shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant Sublandlord with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, Lease or serve to release Tenant Sublandlord from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments payment of rent from Subtenant directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit shall in no manner whatsoever be deemed an attornment by the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to Section 3(ii), above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s 's obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Subject to Landlord's right to receive the Transfer Premium pursuant to Section 14.3 of the Lease, Landlord shall credit Tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from the Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, Lease or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums payment of rent from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit shall in no manner whatsoever be deemed an attornment by the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Samples: Office Lease (Websense Inc)
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sub-Sublease, nor by reason of the collection of rents or any other sums from the Sub-subtenant pursuant to Section 5(ii), above, be deemed liable to Sub-subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs SubtenantSub-subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s obligations under the Master Lease, to pay to Landlord the rents and any other sums due and to become due under the Sub-Sublease. Tenant agrees that Subtenant Sub-subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant Sub-subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant Sub-subtenant for any such rents or any other sums so paid by Subtenant Sub-subtenant to Landlord. Landlord shall credit Tenant with any rent received by Landlord from Subtenantunder such assignment, but the acceptance of any payment on account of rent from Subtenant the Sub-subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by Subtenant the Landlord to Sub-subtenant or by Sub-subtenant to Landlord, be deemed a waiver by Landlord of any provision of the Lease, Master Lease or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Master Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums payment of rent from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent Sub-subtenant directly to Landlord, and regardless of the circumstances or reasons therefor, shall in no manner whatsoever be deemed an attornment by the Sub-subtenant to Landlord will accept same, will credit in the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep absence of a specific written agreement signed by Landlord to such an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make such payments directly to Landlordeffect.
Appears in 1 contract
Landlord’s Election to Receive Rents. 3.1. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to SECTION 3(ii), above, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant, and Tenant hereby irrevocably authorizes and directs Subtenant, upon receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s 's obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant agrees that Subtenant shall have the right to rely upon any such statement and request from Landlord, and that Subtenant shall pay any such rents and any other sums to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the contrary. Tenant shall not have any right or claim against Subtenant for any such rents or any other sums so paid by Subtenant to Landlord. Landlord shall credit Tenant with any rent received by Landlord from Subtenant, under such assignment but the acceptance of any payment on account of rent from the Subtenant as the result of any such default shall in no manner whatsoever be deemed an attornment by the Landlord to Subtenant or by Subtenant to Landlord, be deemed or a waiver by Landlord of any provision of the Lease, or serve to release Tenant from any liability under the terms, covenants, conditions, provisions or agreements under the Lease. Landlord shall notNotwithstanding the foregoing, by reason of the Sublease, nor by reason of the collection of rents or any other sums payment of rent from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments of rent directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons therefor, will credit shall in no manner whatsoever be deemed an attornment by the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed Subtenant to make Landlord in the absence of a specific written agreement signed by Landlord to such payments directly to Landlordan effect.
Appears in 1 contract
Samples: Sublease (Specialty Laboratories)
Landlord’s Election to Receive Rents. 3.1Landlord will not, as a result of the Sublease, or as a result of the collection of rents or any other sums from Subtenant under Section 3.1 or 3.2(b), above, be liable to Subtenant for any failure of Sublandlord to perform any obligation of Sublandlord under the Sublease. Tenant hereby Sublandlord irrevocably authorizes and directs Subtenant, upon on receipt of any written notice from Landlord stating that a default exists in the performance of Tenant’s Sublandlord's obligations under the Lease, to pay to Landlord the rents and any other sums due and to become due under the Sublease. Tenant Sublandlord agrees that Subtenant shall have has the right to rely upon on any such statement and request from Landlord, and that Subtenant shall will pay any such those rents and any other sums to Landlord without any obligation or right to inquire as to whether such a default exists and notwithstanding despite any notice from or claim from Tenant Sublandlord to the contrary. Tenant shall , Sublandlord will not have any right or claim against Subtenant for any such those rents or any other sums so paid by Subtenant to Landlord pursuant to any such notice from Landlord. Landlord shall will credit Tenant Sublandlord with any rent received by Landlord from Subtenantunder this assignment, but the acceptance of any payment on account of rent from Subtenant as the result of any such a default shall in no manner whatsoever by Sublandlord will not: (a) be deemed an attornment by Landlord to Subtenant or by Subtenant to Landlord, ; (b) be deemed a waiver by Landlord of any provision of the Lease, ; or serve to (c) release Tenant Sublandlord from any liability under the terms, covenantsagreements, conditions, provisions or agreements under conditions of the Lease. Landlord shall not, by reason of the Sublease, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, be deemed liable to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Sublease.
3.2. Tenant, if it so elects, may direct Subtenant to pay Subtenant’s monthly installments No payment of rent by Subtenant directly to Landlord, and Landlord will accept sameregardless of the circumstances or reasons for that payment, will credit the amounts so received against the amounts due and payable from Tenant under the Lease, and shall keep be deemed an accounting of such payments to enable Tenant to ascertain which of its subtenants shall have paid its monthly installments of rent. Landlord shall notify Tenant promptly if Landlord shall fail to receive any monthly installment of rent from Subtenant if Tenant shall have notified Landlord that Tenant has directed attornment by Subtenant to make such payments directly Landlord in the absence of a specific written agreement signed by Landlord to Landlordthat effect.
Appears in 1 contract
Samples: Consent to Sublease Agreement (Cholestech Corporation)