Common use of No Release of Liability Clause in Contracts

No Release of Liability. No Transfer shall release Lessee of its obligations to pay the Rent and to perform all the other obligations to be performed by Lessee under this Lease. The acceptance of Rent by Lessor from any person shall not be deemed to be the waiver by Lessor of any provision of this Lease or to be a consent to any assignment or subletting. A consent to one Transfer shall not be deemed to be a consent to any subsequent Transfer. In the event of default by a Transferee in the performance of any of the terms of this Lease, Lessor may proceed directly against Xxxxxx without the necessity of exhausting its remedies against the Transferee. If Xxxxxx enters into a sublease, with or without Lessor's consent, Lessee shall be deemed to have immediately and irrevocably assigned to Lessor, as security for Lessee's obligations under this Lease, all subrent or other sums due to Lessee under the sublease, and Lessor, as assignee and as attorney-in-fact for Lessee, or a receiver for Lessee appointed on Lessor's application, may collect such subrent or other sums due and apply it towards Lessee's obligations under this Lease, except, that, until the occurrence of an act of default by Xxxxxx, Lessee shall have the right to collect such subrent or other sums due. Lessor may, as a condition to Xxxxxx's consent to any proposed sublease, require Lessee and the proposed sublessee to enter into an agreement with Lessor whereby the proposed sublessee agrees: To pay subrent or all other sums due directly to Lessor upon notice from Lessor of Xxxxxx's default; not to pay subrent more than one month in advance, and, notwithstanding Lessor's receipt of subrent or other sums due, Lessor shall not be liable to the proposed sublessee for anything under the sublease or under this Lease and Lessor may pursue any remedy available to it under this Lease.

No Release of Liability. No Transfer shall release Lessee of its obligations to pay the Rent Except as provided in this Section 5.07 and to perform all the other obligations to be performed by Lessee under this Lease. The acceptance of Rent by Lessor from any person shall not be deemed to be the waiver by Lessor of any provision of this Lease or to be a consent to any assignment or subletting. A consent to one Transfer shall not be deemed to be a consent to any subsequent Transfer. In the event of default by a Transferee in the performance applicable Certificate of Compliance and Release executed and delivered by Lender in connection with a Transfer, no Transfer, whether or not a Permitted Transfer, will relieve from liability the Beneficial Owner or any other Person or Persons who has provided any guaranty or indemnity or otherwise become liable for any of the terms obligations of Borrower under the Note, this LeaseLoan Agreement or the Security Documents (such Person a "CURRENT INDEMNITOR" and such liabilities arising or accruing before the Transfer, Lessor may proceed directly against Xxxxxx without the necessity of exhausting its remedies against the Transferee"INDEMNITY OBLIGATIONS"). If Xxxxxx as a result of a Transfer, Current Indemnitor is no longer an affiliate of Borrower, Current Indemnitor may offer a new indemnitor ("NEW INDEMNITOR"), as a substitute, to assume any Indemnity Obligations of the Current Indemnitor arising after the date of the Transfer. Lender may, in its reasonable discretion, approve or disapprove such substitution. If Lender approves any such substitution, the approval will become effective upon the execution and delivery by New Indemnitor, without any cost or expense to Lender, of a guaranty substantially the same as the Guaranty Agreement executed by Beneficial Owner in connection with the Loan evidencing each New Indemnitor's agreement to be liable for the Indemnity Obligations (each a "NEW INDEMNITY AGREEMENT"), arising from and after the date of the Transfer, whereupon Lender will release the Current Indemnitor from its Indemnity Obligations arising after the date of such Transfer. Notwithstanding the foregoing, Current Indemnitor will be released from its Indemnity Obligations under the Loan upon a Permitted Transfer if the New Indemnitor enters into a sublease, with or without Lessor's consent, Lessee shall be deemed to have immediately and irrevocably assigned to Lessor, as security for Lessee's obligations under this Lease, all subrent or other sums due to Lessee under the sublease, and Lessor, as assignee and as attorney-in-fact for Lessee, or a receiver for Lessee appointed on Lessor's application, may collect such subrent or other sums due and apply it towards Lessee's obligations under this Lease, except, that, until the occurrence of an act of default by Xxxxxx, Lessee shall have the right to collect such subrent or other sums due. Lessor may, as a condition to Xxxxxx's consent to any proposed sublease, require Lessee and the proposed sublessee to enter into an agreement with Lessor whereby the proposed sublessee agrees: To pay subrent or all other sums due directly to Lessor upon notice from Lessor of Xxxxxx's default; not to pay subrent more than one month in advance, and, notwithstanding Lessor's receipt of subrent or other sums due, Lessor shall not be liable to the proposed sublessee for anything under the sublease or under this Lease and Lessor may pursue any remedy available to it under this LeaseNew Indemnity Agreement.

No Release of Liability. No Transfer shall release Lessee of its obligations to pay the Rent Except as provided in this Section 5.07 and to perform all the other obligations to be performed by Lessee under this Lease. The acceptance of Rent by Lessor from any person shall not be deemed to be the waiver by Lessor of any provision of this Lease or to be a consent to any assignment or subletting. A consent to one Transfer shall not be deemed to be a consent to any subsequent Transfer. In the event of default by a Transferee in the performance applicable Certificate of Compliance and Release executed and delivered by Lender in connection with a Transfer, no Transfer, whether or not a Permitted Transfer, will relieve from liability the Beneficial Owner or any other Person or Persons who has provided any guaranty or indemnity or otherwise become liable for any of the terms obligations of Borrower under the Note, this LeaseLoan Agreement or the Security Documents (such Person a “Current Indemnitor” and such liabilities arising or accruing before the Transfer, Lessor may proceed directly against Xxxxxx without the necessity of exhausting its remedies against the Transferee“Indemnity Obligations”). If Xxxxxx as a result of. a, Transfer, Current Indemnitor is no longer be an Affiliate of Borrower, Current Indemnitor may offer a new indemnitor (“New Indemnitor”), as a substitute, to assume any Indemnity, Obligations of the Current Indemnitor arising after the date of the Transfer. Lender may, in its, reasonable discretion, approve or disapprove such substitution. If Lender approves any such substitution, the approval will become effective upon the execution and delivery by New Indemnitor, without any cost or expense to Lender, of a guaranty substantially the same as the Guaranty Agreement executed by Beneficial Owner in connection with the Loan evidencing each New Indemnitor’s agreement to be liable for the Indemnity Obligations (each a “New Indemnity Agreement”), arising from and after the date of the Transfer, whereupon Lender will release the Current Indemnitor from its Indemnity Obligations arising after the date of such Transfer. Notwithstanding the foregoing, Current Indemnitor will be released from its Indemnity Obligations under the Loan upon a Permitted Transfer if the New Indemnitor enters into a sublease, with or without Lessor's consent, Lessee shall be deemed to have immediately and irrevocably assigned to Lessor, as security for Lessee's obligations under this Lease, all subrent or other sums due to Lessee under the sublease, and Lessor, as assignee and as attorney-in-fact for Lessee, or a receiver for Lessee appointed on Lessor's application, may collect such subrent or other sums due and apply it towards Lessee's obligations under this Lease, except, that, until the occurrence of an act of default by Xxxxxx, Lessee shall have the right to collect such subrent or other sums due. Lessor may, as a condition to Xxxxxx's consent to any proposed sublease, require Lessee and the proposed sublessee to enter into an agreement with Lessor whereby the proposed sublessee agrees: To pay subrent or all other sums due directly to Lessor upon notice from Lessor of Xxxxxx's default; not to pay subrent more than one month in advance, and, notwithstanding Lessor's receipt of subrent or other sums due, Lessor shall not be liable to the proposed sublessee for anything under the sublease or under this Lease and Lessor may pursue any remedy available to it under this LeaseNew Indemnity Agreement.

No Release of Liability. No Transfer shall release Lessee of its obligations to pay the Rent and to perform all the other obligations to be performed by Lessee under this Lease. The acceptance of Rent by Lessor from any person shall not be deemed to be the waiver by Lessor of any provision of this Lease or to be a consent to any assignment or subletting. A consent to one Transfer shall not be deemed to be a consent to any subsequent Transfer. In the event of default by a Transferee in the performance of any of the terms of this Lease, Lessor may proceed directly against Xxxxxx Lessee without the necessity of exhausting its remedies against the Transferee. If Xxxxxx Lessee enters into a sublease, with or without Lessor's ’s consent, Lessee shall be deemed to have immediately and irrevocably assigned to Lessor, as security for Lessee's ’s obligations under this Lease, all subrent or other sums due to Lessee under the sublease, and Lessor, as assignee and as attorney-in-fact for Lessee, or a receiver for Lessee appointed on Lessor's ’s application, may collect such subrent or other sums due and apply it towards Lessee's ’s obligations under this Lease, except, that, until the occurrence of an act of uncured material default by XxxxxxLessee, Lessee shall have the right to collect such subrent or other sums due. Lessor may, as a condition to Xxxxxx's Lessor’s consent to any proposed sublease, require Lessee and the proposed sublessee to enter into an agreement with Lessor whereby the proposed sublessee agrees: To pay subrent or all other sums due directly to Lessor upon notice from Lessor of Xxxxxx's Lessee’s default; not to pay subrent more than one month in advance, and, notwithstanding Lessor's ’s receipt of subrent or other sums due, Lessor shall not be liable to the proposed sublessee for anything under the sublease or under this Lease and Lessor may pursue any remedy available to it under this Lease.