No Release of Lessee. Except as set forth in the Amended Project Services Agreement, no subletting or assignment, regardless of Lessor's consent, shall release Lessee from Lessee's obligations hereunder or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of Additional Rent by Lessor from any other person shall not be deemed to be a waiver by Lessor of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor of Lessee in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against such assignee. Lessor may consent to amendments or modifications to this Lease with assignees of Lessee after notice thereof to Lessee if Lessee is still liable hereunder, and such action shall not relieve Lessee of liability under this Lease. No notice to Lessee of such amendments or modifications shall be required. Any permitted assignee shall assume the obligations of Lessee hereunder, by a writing satisfactory to Lessor, and a copy thereof shall be delivered to Lessor and to Lessee.
Appears in 1 contract
Samples: Site Lease (NRG Generating U S Inc)
No Release of Lessee. Except as set forth in the Amended Project Services AgreementRegardless of Lessor’s consent, no subletting or assignment, regardless of Lessor's consent, assignment shall release Lessee from of Lessee's obligations hereunder ’s obligation or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of Additional Rent rent by Lessor from any other person shall not be deemed to be a waiver by Lessor of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor of Lessee in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against such said assignee. If Lessee shall purport to assign this Lease, or sublease all or any portion of the Premises, or permit any person or persons other than Lessee to occupy the Premises, without Lessor’s prior written consent, Lessor may consent collect rent from the person or persons then or thereafter occupying the Premises and apply the net amount collected to amendments the rent reserved herein, but no such collection shall be deemed a waiver of Lessor’s rights and remedies under this Article XIII or modifications to this Lease with assignees the acceptance of any such purported assignee, sublease or occupant, or a release of Lessee after notice thereof to Lessee if Lessee is still liable hereunder, and such action shall not relieve from the further performance by Lessee of liability under this Lease. No notice to Lessee of such amendments or modifications shall be required. Any permitted assignee shall assume covenants on the obligations part of Lessee hereunder, by a writing satisfactory to Lessor, and a copy thereof shall be delivered to Lessor and to Lesseeherein contained.
Appears in 1 contract
No Release of Lessee. Except as set forth in the Amended Project Services Agreement, no subletting or assignment, regardless Regardless of Lessor's consent, no -------------- -------------------- subletting or assignment shall release Lessee from of Lessee's obligations hereunder obligation or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of Additional Rent rent by Lessor from any other person shall not be deemed to be a waiver by Lessor of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor of Lessee in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against such said assignee. If Lessee shall purport to assign this Lease, or sublease all or any portion of the Premises, or permit any person or persons other than Lessee to occupy the Premises, without Lessor's prior written consent, Lessor may consent collect rent from the person or persons then or thereafter occupying the Premises and apply the net amount collected to amendments the rent reserved herein, but no such collection shall be deemed a waiver of Lessor's rights and remedies under this Article XIII or modifications to this Lease with assignees the acceptance of any such purported assignee, sublessee or occupant, or a release of Lessee after notice thereof to Lessee if Lessee is still liable hereunder, and such action shall not relieve from the further performance by Lessee of liability under this Lease. No notice to Lessee of such amendments or modifications shall be required. Any permitted assignee shall assume covenants on the obligations part of Lessee hereunder, by a writing satisfactory to Lessor, and a copy thereof shall be delivered to Lessor and to Lesseeherein contained.
Appears in 1 contract
Samples: Industrial Lease (Valicert Inc)
No Release of Lessee. Except as set forth in the Amended Project Services Agreement, no subletting or assignment, regardless Regardless of Lessor's consent, which consent shall not be unreasonably or arbitrarily withheld, no subletting or assignment shall release Lessee from of Lessee's obligations hereunder obligation or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of Additional Rent rent by Lessor from any other person shall not be deemed to be a waiver by Lessor of any provision hereof. Consent to one assignment or subletting shall not be deemed consent, which consent shall not be unreasonably or arbitrarily withheld to any subsequent assignment assignments or subletting. In the event of default by any assignee of Lessee or any successor of Lessee in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against such said assignee. Lessor may consent, which consent shall not be unreasonably or arbitrarily withheld to subsequent assignments or subletting of this Lease or amendments or modifications medications to this Lease lease with assignees of Lessee after notice thereof to Lessee if Lessee is still liable hereunderLessee, without notifying Lessee, or any successors of Lessee, and without obtaining its or their consent, which consent shall not be unreasonably or arbitrarily withheld, thereto and such action shall not relieve Lessee of liability Liability under this Lease. No notice to Lessee of such amendments or modifications shall be required. Any permitted assignee shall assume the obligations of Lessee hereunder, by a writing satisfactory to Lessor, and a copy thereof shall be delivered to Lessor and to Lessee.
Appears in 1 contract
Samples: Scanner Technologies Corp
No Release of Lessee. Except as set forth in the Amended Project Services Agreement, no subletting or assignment, regardless Regardless of Lessor's consent, any -------------------- subletting or assignment shall not (a) (i) in the case of an assignment, be effective without the express written assumption by such assignee of the obligations of Lessee under this Lease arising from and after the effective date of the assignment, (ii) in the case of a sublease, be effective unless the sublease is expressly subject to the terms of this Lease, (b) release Lessee from of any of Lessee's obligations hereunder or (c) alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of Additional Rent rent by Lessor from any other person shall not be deemed to be a waiver by Lessor of any provision hereofhereof or any default by Lessee. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor of Lessee Lessee, in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against such said assignee. Lessor may consent to subsequent assignments or subletting of this Lease or amendments or modifications to this Lease with assignees of Lessee after notice thereof to Lessee if Lessee is still liable hereunderLessee, without notifying Lessee, or any successor of Lessee, and without obtaining its or their consent thereto and such action shall not relieve Lessee of liability under this Lease. No notice to Lessee of such amendments or modifications shall be required. Any permitted assignee shall assume the obligations of Lessee hereunder, by a writing satisfactory to Lessor, and a copy thereof shall be delivered to Lessor and to Lessee.
Appears in 1 contract
Samples: Graphic Controls Corp
No Release of Lessee. Except as set forth in the Amended Project Services Agreement, no subletting or assignment, regardless Regardless of Lessor's consent, any subletting or ---------- assignment shall not (a) (i) in the case of an assignment, be effective without the express written assumption by such assignee of the obligations of Lessee under this Lease arising from and after the effective date of the assignment, (ii) in the case of a sublease, be effective unless the sublease is expressly subject to the terms of this Lease, (b) release Lessee from of any of Lessee's obligations hereunder or (c) alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of Additional Rent rent by Lessor from any other person shall not be deemed to be a waiver by Lessor of any provision hereofhereof or any default by Lessee. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor of Lessee Lessee, in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against such said assignee. Lessor may consent to subsequent assignments or subletting of this Lease or amendments or modifications to this Lease with assignees of Lessee after notice thereof to Lessee if Lessee is still liable hereunderLessee, without notifying Lessee, or any successor of Lessee, and without obtaining its or their consent thereto and such action shall not relieve Lessee of liability under this Lease. No notice to Lessee of such amendments or modifications shall be required. Any permitted assignee shall assume the obligations of Lessee hereunder, by a writing satisfactory to Lessor, and a copy thereof shall be delivered to Lessor and to Lessee.
Appears in 1 contract
Samples: Graphic Controls Corp
No Release of Lessee. Except as set forth in the Amended Project Services AgreementRegardless of Lessor’s consent, no subletting or assignment, regardless of Lessor's consent, assignment shall release Lessee from of Lessee's obligations hereunder ’s obligation or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of Additional Rent rent by Lessor from any other person shall not be deemed to be a waiver by Lessor of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor of Lessee in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against such said assignee. If Lessee shall purport to assign this Lease, or sublease all or any portion of the Premises, or permit any person or persons other than Lessee to occupy the Premises, without Lessor’s prior written consent, Lessor may consent collect rent from the person or persons then or thereafter occupying the Premises and apply the net amount collected to amendments the rent reserved herein, but no such collection shall be deemed a waiver of Lessor’s rights and remedies under this Article XIII or modifications to this Lease with assignees the acceptance of any such purported assignee, sublessee or occupant, or a release of Lessee after notice thereof to Lessee if Lessee is still liable hereunder, and such action shall not relieve from the further performance by Lessee of liability under this Lease. No notice to Lessee of such amendments or modifications shall be required. Any permitted assignee shall assume covenants on the obligations part of Lessee hereunder, by a writing satisfactory to Lessor, and a copy thereof shall be delivered to Lessor and to Lesseeherein contained.
Appears in 1 contract
No Release of Lessee. Except as set forth in the Amended Project Services Agreement, no subletting or assignment, regardless Regardless of Lessor's consent, no -------------------- subletting or assignment shall release Lessee from Lessee's obligations hereunder obligation or alter the primary liability of Lessee to pay the rent Rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of Additional Rent by Lessor from any other person shall not be deemed to be a waiver by Lessor of any provision hereof. ! Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor of Lessee in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against such said assignee. Lessor may consent to subsequent assignments or subletting of this Lease or amendments or modifications to this Lease with assignees of Lessee, with Lessee's prior written approval, which approval shall not be unreasonably withheld or delayed. In the event Lessee does not respond to Lessor in writing within ten (10) days after notice thereof to Lessee if Lessee is still liable a written request for its consent hereunder, and Lessee conclusively shall be deemed to have consented. Any such action approved change or amendment shall not relieve Lessee of liability under this Lease. No notice to Lessee of such amendments or modifications shall be required. Any permitted assignee shall assume the obligations of Lessee hereunder, by a writing satisfactory to Lessor, and a copy thereof shall be delivered to Lessor and to Lessee.
Appears in 1 contract
Samples: Sublease Agreement (Psinet Inc)
No Release of Lessee. Except as set forth in the Amended Project Services Agreement, no subletting or assignment, regardless Regardless of Lessor's consent, no subletting or assignment shall release Lessee from of Lessee's obligations hereunder obligation or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of Additional Rent rent by Lessor from any other person shall not be deemed to be a waiver by Lessor of or any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor of Lessee Lessee, in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against such said assignee. Lessor may consent to subsequent assignments or subletting of this Lease or amendments or modifications to this Lease with assignees of Lessee after notice thereof to Lessee if Lessee is still liable hereunderLessee, and without obtaining its or their consent thereto and such action shall not relieve Lessee of liability under this Lease. No ; provided that Lessor delivers written notice to Lessee of such amendments subsequent assignment, sublease, amendment or modifications shall be requiredmodification to Lessee. Any permitted assignee shall assume If there is an assignment or subletting of the obligations rights under this Lease with the consent of Lessee hereunder, by a writing satisfactory to Lessor, and thereafter a copy thereof default occurs on the part of such assignee, Lessor shall give Lessee notice of such default, and Lessee shall have ten days within which to cure or commence to cure such default before this Lease shall be delivered to Lessor and to Lesseeterminated.
Appears in 1 contract
Samples: Schein Pharmaceutical Inc
No Release of Lessee. Except as set forth in the Amended Project Services Agreement, no subletting or assignment, regardless Regardless of Lessor's consent, ------------- -------------------- nosubletting or assignment shall release Lessee from of Lessee's obligations hereunder obligation or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of Additional Rent rent by Lessor from any other person shall not be deemed to be a waiver by Lessor of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor of Lessee in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against such said assignee. If Lessee shall purport to assign this Lease, or sublease all or any portion of the Premises, or permit any person or persons other than Lessee to occupy the Premises, without Lessor's prior written consent, Lessor may consent collect rent from the person or persons then or thereafter occupying the Premises and apply the net amount collected to amendments the rent reserved herein, but no such collection shall be deemed a waiver of Lessor's rights and remedies under this Article XIII or modifications to this Lease with assignees the acceptance of any such purported assignee, sublessee or occupant, or a release of Lessee after notice thereof to Lessee if Lessee is still liable hereunder, and such action shall not relieve from the further performance by Lessee of liability under this Lease. No notice to Lessee of such amendments or modifications shall be required. Any permitted assignee shall assume covenants on the obligations part of Lessee hereunder, by a writing satisfactory to Lessor, and a copy thereof shall be delivered to Lessor and to Lesseeherein contained.
Appears in 1 contract
Samples: Industrial Lease (Valicert Inc)