Common use of Landlord’s Election to Receive Rents Clause in Contracts

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.

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 directly to this Paragraph 3Landlord, regardless of the circumstances or reasons therefor, shall in no manner whatsoever be deemed liable an attornment by the Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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, CONSENT TO SUBLEASE 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 any other payment of rent from Subtenant directly to Landlord, regardless of the Subleasecircumstances or reasons therefor, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, shall in no manner whatsoever be deemed liable an attornment by Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 directly to this Paragraph 3Landlord, regardless of the circumstances or reasons therefor, shall in no manner whatsoever be deemed liable an attornment by the Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 directly to this Paragraph 3Landlord, regardless of the circumstances or reasons therefor, shall in no manner whatsoever be deemed liable an attornment by the Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 directly to this Paragraph 3Landlord, regardless of the circumstances or reasons therefor, shall in no manner whatsoever be deemed liable an attornment by the Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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.

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 directly to this Paragraph 3Landlord, regardless of the circumstances or reasons therefor, shall in no manner whatsoever be deemed liable an attornment by the Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 directly to this Paragraph 3Landlord, regardless of the circumstances or reasons therefor, shall in no manner whatsoever be deemed liable an attornment by the Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 rent from the Sub-Subtenant directly to Landlord, regardless of the Subleasecircumstances or reasons therefor, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, shall in no manner whatsoever be deemed liable an attornment by the Sub-Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement or notice signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 directly to this Paragraph 3Landlord, regardless of the circumstances or reasons therefor, shall in no manner whatsoever be deemed liable an attornment by the Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 directly to this Paragraph 3Landlord, regardless of the circumstances or reasons therefor, shall in no manner whatsoever be deemed liable an attornment by the Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 any other payment of rent from Subtenant directly to Landlord, regardless of the Subleasecircumstances or reasons therefor, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, shall in no manner whatsoever be deemed liable an attornment by Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 directly to this Paragraph 3Landlord, regardless of the circumstances or reasons therefor, shall in no manner whatsoever be deemed liable an attornment by the Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 any other payment of rent from the Sub-subtenant directly to Landlord, regardless of the Subleasecircumstances or reasons therefor, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, shall in no manner whatsoever be deemed liable an attornment by the Sub-subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 directly to this Paragraph 3Landlord, regardless of the circumstances or reasons therefor, shall in no manner whatsoever be deemed liable an attornment by the Subtenant to Landlord in the absence of a specific written agreement signed by Landlord to such an effect. Notwithstanding anything to the contrary contained herein, Landlord agrees that any payments made by Subtenant for any failure of to Tenant prior to perform and comply with any obligation of the date that Landlord notifies Subtenant in writing that Tenant is in monetary default under the SubleaseLease shall so satisfy Subtenant's obligations under the Sublease which have been paid.

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 notNo payment of rent by Subtenant directly to Landlord, by reason regardless of the Subleasecircumstances or reasons for that payment, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, will be deemed liable an attornment by Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasethat effect.

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 notNo payment of rent by Subtenant directly to Landlord, by reason regardless of the Subleasecircumstances or reasons for that payment, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, will be deemed liable an attornment by Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasethat effect.

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 directly to this Paragraph 3Landlord, regardless of the circumstances or reasons therefor, shall in no manner whatsoever be deemed liable an attornment by the Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 any other payment of rent from Subtenant directly to Landlord, regardless of the Subleasecircumstances or reasons therefor, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, shall in no manner whatsoever be deemed liable an attornment by Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 directly to this Paragraph 3Landlord, regardless of the circumstances or reasons therefor, shall in no manner whatsoever be deemed liable an attornment by the Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 any other payment of rent from Subtenant directly to Landlord, regardless of the Subleasecircumstances or reasons therefor, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, shall in no manner whatsoever be deemed liable an attornment by Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 directly to this Paragraph 3Landlord, regardless of the circumstances or reasons therefor, shall in no manner whatsoever be deemed liable an attornment by the Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 directly to this Paragraph 3Landlord, regardless of the circumstances or reasons therefor, shall in no manner whatsoever be deemed liable an attornment by the Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 any other payment of rent from Subtenant directly to Landlord, regardless of the Subleasecircumstances or reasons therefor, nor shall in no manner whatsoever be deemed an attornment by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, be deemed liable Landlord in the absence of a specific written agreement signed by Landlord to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 any other payment of rent from Subtenant directly to Landlord, regardless of the Subleasecircumstances or reasons therefor, nor by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, shall in no manner whatsoever be deemed liable an attornment by Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 directly to this Paragraph 3Landlord, regardless of the circumstances or reasons therefor, shall in no manner whatsoever be deemed liable an attornment by the Subtenant to Subtenant for any failure Landlord in the absence of Tenant a specific written agreement signed by Landlord to perform and comply with any obligation of Tenant under the Subleasesuch an effect.

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 any other payment of rent from Subtenant directly to Landlord, regardless of the Subleasecircumstances or reasons therefor, nor shall in no manner whatsoever be deemed an attornment by reason of the collection of rents or any other sums from the Subtenant pursuant to this Paragraph 3, be deemed liable Landlord in the absence of a specific written agreement signed by Landlord to Subtenant for any failure of Tenant to perform and comply with any obligation of Tenant under the Subleasesuch an effect.