No Release of Tenant. Regardless of Landlord’s consent, no subletting or assignment shall release Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to Tenant, or any successor of Tenant, but without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease.
Appears in 5 contracts
Samples: Lease (ProNAi Therapeutics Inc), Lease (ProNAi Therapeutics Inc), Lease (Esperion Therapeutics, Inc.)
No Release of Tenant. Regardless of Landlord’s 's consent, no subletting or assignment shall release Tenant of Tenant’s 's obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor of Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to without notifying Tenant, or any successor of Tenant, but and without obtaining its or their consent thereto thereto, and such action shall not relieve Tenant of liability under this Lease.
Appears in 4 contracts
Samples: Imarx Therapeutics Inc, Imarx Therapeutics Inc, Imarx Therapeutics Inc
No Release of Tenant. Regardless No consent by Landlord to any assignment or subletting by Tenant shall relieve Tenant of any obligation to be performed by Tenant under this Lease, whether occurring before or after such consent, assignment or subletting, and the Transferee shall be jointly and severally liable with Tenant for the payment of Rent (or that portion applicable to the subleased space in the case of a sublease) and for the performance of all other terms and provisions of the Lease. The consent by Landlord to any assignment or subletting shall not relieve Tenant and any such Transferee from the obligation to obtain Landlord’s consent, no subletting express written consent to any subsequent assignment or assignment shall release Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, by Tenant hereundersubletting. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision hereofof this Lease or to be a consent to any assignment, subletting or other transfer. Consent to one assignment assignment, subletting or subletting other transfer shall not be deemed to constitute consent to any subsequent assignment assignment, subletting or subletting. In the event of default by any assignee of Tenant or any successor Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to Tenant, or any successor of Tenant, but without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Leaseother transfer.
Appears in 4 contracts
Samples: Part of Lease Agreement (SteadyMed Ltd.), Second Lease (Reply! Inc), Office Area Corridors and Lobbies (Neonode, Inc)
No Release of Tenant. Regardless of Landlord’s 's consent, no subletting or assignment shall release Tenant of Tenant’s 's obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor Tenant, of Tenant in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to without notifying Tenant, or any successor of Tenant, but and without obtaining its or their consent thereto hereto and such action shall not relieve Tenant of liability under this Lease.
Appears in 3 contracts
Samples: Industrial Building Lease (Motors & Gears Inc), Industrial Building Lease (Motors & Gears Inc), Motors & Gears Inc
No Release of Tenant. Regardless No consent by Landlord to any Assignment or Sublease by Tenant shall relieve Tenant of any obligation to be performed by Tenant under this Lease, whether arising before or after the Assignment or Sublease. The consent by Landlord to any Assignment or Sublease shall not relieve Tenant from the obligation to obtain Landlord's express written consent to any other Assignment or Sublease. Any Assignment or Sublease which is not in compliance with this Article 18 shall be void as against the Landlord and, at the option of Landlord’s consent, no subletting or assignment shall release Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, constitute a material default by Tenant hereunderunder this Lease. The acceptance of rent by Landlord from any other person a proposed assignee or entity sublessee shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed constitute the consent to any subsequent assignment such Assignment or sublettingSublease by Landlord. In Notwithstanding the event foregoing, if Landlord exercises its option under Section 18.3 with respect to an Assignment or a Sublease of default by any assignee of Tenant all or any successor Tenant, in the performance of any substantially all of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments of this Lease or sublet of the Leased Premises, or amendments if Landlord consents to an Assignment to a successor tenant with a net worth (including the net worth of any guarantor or modifications to this Lease with assignees guarantors) not less than that of TenantTenant at the time of such Assignment, upon notice to Tenant, or then Tenant shall be relieved of any successor of Tenant, but without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this LeaseLease accruing after the effective date of such Assignment.
Appears in 3 contracts
Samples: Lease Agreement (Ark Restaurants Corp), Lease Agreement (Ark Restaurants Corp), Lease Agreement (Ark Restaurants Corp)
No Release of Tenant. Regardless of Landlord’s consent, no subletting or assignment shall release Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or sublettingassignment. In the event of default by any assignee of Tenant or any successor to Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to without notifying Tenant, or any successor of Tenant, but and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease, provided that Tenant shall not be liable to the extent of amendments or modifications made to this Lease, with assignees not affiliated with Tenant without Tenant’s consent, which consent shall not be unreasonably withheld, which materially increase Tenant’s monetary obligations under this Lease (such as an increase in the Annual Rent payable hereunder or extension of the Lease Term beyond the original term hereof and any renewal options hereunder).
Appears in 2 contracts
Samples: Master Lease (American Restaurant Group Inc), Master Lease (American Restaurant Group Inc)
No Release of Tenant. Regardless No consent of Landlord’s consent, no Landlord to any assignment or subletting or assignment by Tenant shall release relieve Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunderunder this Lease, whether accruing before or after such assignment, or subletting, and notwithstanding any subsequent modification, extension or renewal of this Lease made with or without Tenant's consent. The consent by Landlord to any transfer or subletting shall not relieve Tenant from the obligation to obtain Landlord's express prior written consent to any other transfer or subletting. The acceptance of rent by Landlord of payment from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments of this Lease or sublet of the Leased Premisesto be a consent to any transfer or sublease, or amendments or modifications to this Lease with assignees be a release of Tenant, upon notice to Tenant, or Tenant from any successor of Tenant, but without obtaining its or their consent thereto and such action shall not relieve Tenant of liability obligation under this Lease. If this Lease is assigned, or if the Premises or any part thereof are sublet or occupied by any person other than Tenant, Landlord may, after default by Tenant, collect the rent from any such assignee, transferee, subtenant or occupant and apply the net amount collected to the rent reserved herein, and no such action by Landlord shall be deemed a consent to such assignment, transfer, sublease or occupancy.
Appears in 2 contracts
Samples: Office Lease (U S Wireless Data Inc), 1 (Extensity Inc)
No Release of Tenant. Regardless Notwithstanding the granting of Landlord’s 's consent, no subletting sale, conveyance, mortgage, pledge, subletting, assignment or assignment other transfer or encumbrance of this Lease or the Premises shall release Tenant of Tenant’s obligation or alter the Tenant's primary liability of Tenant to pay the rent and other charges to be paid, and to perform all of its other obligations to be performed, by Tenant hereunder. The acceptance of rent by Landlord from any person other person or entity than Tenant shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed to be consent to any subsequent assignment or subletting. In the event of default by If any assignee or successor of Tenant or any successor Tenant, defaults in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of proceeding against or exhausting its remedies against said assigneethe assignee or successor. After any assignment, sublease or other transfer or encumbrance, Landlord may consent to subsequent assignments of this Lease assignments, subleases, transfers or sublet of the Leased Premisesencumbrances, or amendments or modifications to this Lease with assignees of TenantLease, upon notice to Tenant, without notifying Tenant or any successor of Tenantother person, but without obtaining its or their consent thereto thereto, and such action shall not relieve without relieving Tenant of liability under this Lease.
Appears in 2 contracts
Samples: Office Building Lease (Santarus Inc), Precision Optics Corporation Inc
No Release of Tenant. Regardless of Landlord’s 's consent, no subletting or assignment shall release Tenant of Tenant’s 's obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or sublettingassignment. In the event of default by any assignee of Tenant or any successor of Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to without notifying Tenant, or any successor of Tenant, but and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease.
Appears in 2 contracts
Samples: Startup Lab Lease Agreement, Lease Agreement
No Release of Tenant. Regardless of Landlord’s consent, no subletting or assignment or other transfer described in Section shall release Tenant from any of Tenant’s obligation the obligations under this Lease or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment assignment, subletting or subletting other transfer shall not be deemed consent to any subsequent assignment or sublettingtransfer. In the event of default by any assignee of Tenant or any successor Tenant, of Tenant in the performance of any of the terms hereofprovisions hereof (beyond the expiration of any applicable notice and cure period), Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assigneeassignee or successor. Landlord may consent to subsequent assignments assignments, subletting, or transfers of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees or successors of Tenant, upon notice to Tenant, or any successor of Tenant, but Tenant without notifying Tenant and without obtaining its or their consent thereto thereto, and no such action by Landlord shall not relieve Tenant of liability under this Lease.
Appears in 2 contracts
Samples: Office Building Lease (Teladoc, Inc.), Office Building Lease (Teladoc, Inc.)
No Release of Tenant. Regardless of Landlord’s consent, no subletting or assignment Transfer shall release Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, Rent and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent Rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting Transfer shall not be deemed consent to any subsequent assignment or sublettingTransfer. In the event of default by any assignee Transferee of Tenant Tenant, or any successor Tenantof Xxxxxx, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assigneeTransferee. Landlord may consent to subsequent assignments Transfers of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees Transferees of Tenant, upon notice to without notifying Tenant, or any successor of Tenant, but and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease. Any Transfer of this Lease or subletting which does not comply with the provisions of this Article 17 shall, at Landlord’s option, be deemed a default by Tenant, and shall be voidable by Landlord.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
No Release of Tenant. Regardless No consent by Landlord to any assignment or subletting by Tenant shall relieve Tenant of Landlord’s any obligation to be performed by Tenant under this Lease, whether occurring before or after such consent, no subletting assignment or assignment shall release Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paidsubletting, and the Transferee shall be jointly and severally liable with Tenant for the payment of Rent (or that portion applicable to perform the subleased space in the case of a sublease) and for the performance of all other obligations terms and provisions of the Lease. The consent by Landlord to be performed, by any assignment or subletting shall not relieve Tenant hereunderand any such Transferee from the obligation to obtain Landlord's express written consent to any subsequent assignment or subletting. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision hereofof this Lease or to be a consent to any assignment, subletting or other transfer. Consent to one assignment assignment, subletting or subletting other transfer shall not be deemed to constitute consent to any subsequent assignment assignment, subletting or subletting. In the event of default by any assignee of Tenant or any successor Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to Tenant, or any successor of Tenant, but without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Leaseother transfer.
Appears in 2 contracts
Samples: Lease Agreement (Neurobiological Technologies Inc /Ca/), Agreement (Nextcard Inc)
No Release of Tenant. Regardless of Landlord’s 's consent, no subletting or assignment shall release Tenant of Tenant’s 's obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor of Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said any assignee. Landlord may consent to subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to without notifying Tenant, or any successor of Tenant, but and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease.
Appears in 1 contract
Samples: Net Lease (WMS Industries Inc /De/)
No Release of Tenant. Regardless of Landlord’s 's consent, no subletting or assignment shall release Tenant of Tenant’s 's obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor of Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant tenant without the necessity of exhausting remedies against said assigneesuch successor. Landlord may consent to subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to without notifying Tenant, or any successor of Tenant, but Tenant and without obtaining its or their consent thereto and such action shall not relieve relive Tenant of liability under this Lease.
Appears in 1 contract
Samples: Substance Abuse Technologies Inc
No Release of Tenant. Regardless of Landlord’s 's consent, no subletting or assignment shall release Tenant of Tenant’s 's obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor Tenantof Xxxxxx, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to without notifying Tenant, or any successor of Tenant, but and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease.
Appears in 1 contract
Samples: Work Agreement
No Release of Tenant. Regardless of Landlord’s consentUnless Landlord has specifically released Tenant in writing from all obligations under the Lease, no consent of landlord to any assignment or subletting or assignment by Tenant shall release relieve Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunderunder this Lease, whether accruing before or after such assignment, or subletting, and notwithstanding any subsequent modification, extension or renewal of this Lease made with or without Tenant's consent. The consent by Landlord to any assignment, transfer or subletting shall not relieve Tenant from the obligations to obtain Landlord's express prior written consent to any subsequent or other transfer or subletting. The acceptance of rent by Landlord of payment from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments of this Lease or sublet of the Leased Premisesto be a consent to any transfer or sublease, or amendments or modifications to this Lease with assignees be a release of Tenant, upon notice to Tenant, or Tenant from any successor of Tenant, but without obtaining its or their consent thereto and such action shall not relieve Tenant of liability obligation under this Lease. If the Premises or any part thereof is sublet or occupied by any person other than Tenant, Landlord may, after default by Tenant, collect the rent from any such transferee, subtenant or occupant and apply the net amount collected to the rent reserved herein, and no such action by Landlord shall be deemed a consent to such transfer, sublease or occupancy.
Appears in 1 contract
No Release of Tenant. Regardless No consent of Landlord’s consent, no Landlord to any transfer or subletting or assignment by Tenant shall release relieve Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunderunder this Lease, whether occurring before or after such consent, transfer or subletting. The consent by Landlord to any transfer or subletting shall not relieve Tenant from the obligation to obtain Landlord's express prior written consent to any other transfer or subletting. The acceptance of rent by Landlord of payment from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments of this Lease or sublet of the Leased Premisesto be a consent to any transfer or sublease, or amendments or modifications to this Lease with assignees be a release of Tenant, upon notice to Tenant, or Tenant from any successor of Tenant, but without obtaining its or their consent thereto and such action shall not relieve Tenant of liability obligation under this Lease. If this Lease is assigned or transferred, or if the Premises or any part thereof are sublet or occupied by any person other than Tenant, Landlord may, after uncured default by Tenant, collect the rent from any such assignee, transferee, subtenant or occupant and apply the net amount collected to the rent reserved herein, and no such action by Landlord shall be deemed a consent to such assignment, transfer, sublease or occupancy.
Appears in 1 contract
Samples: Kindred Biosciences, Inc.
No Release of Tenant. Regardless of Landlord’s 's consent, no subletting or assignment Transfer shall release Tenant of Tenant’s 's obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, Rent and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent Rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting Transfer shall not be deemed consent to any subsequent assignment Transfer. If there is a Transfer, whether in violation of or subletting. In in compliance with this Section 12, in the event of default by any assignee of Tenant transferee, or any successor of Tenant, in the performance or observance of any of the terms hereofof this Lease or any agreement concerning the Transfer, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assigneesuch transferee or successor. Landlord may consent to subsequent assignments Each transferee shall assume all obligations of Tenant under this Lease or sublet and shall be liable jointly and severally with Tenant for the payment of the Leased PremisesBase Rent and Additional Charges, or amendments or modifications and for the performance of all the terms, covenants and conditions to this Lease with assignees of be performed on Tenant, upon notice to Tenant, or any successor of Tenant, but without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease’s part hereunder.
Appears in 1 contract
Samples: Lease Agreement
No Release of Tenant. Regardless of Landlord’s consent, no subletting or assignment shall release Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor of Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to Except for assignment, subleases, amendments, or modifications by Tenant’s affiliate(s) as defined in Paragraph 11.2 hereof, subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or material amendments or modifications to this Lease with assignees of Tenant, upon notice to Tenant, or any successor Tenant shall require consent of Tenant, but without obtaining its or their consent thereto Landlord and such action shall not relieve Tenant unless Tenant is relieved of liability under this Lease.
Appears in 1 contract
Samples: Lease (Vu1 CORP)
No Release of Tenant. Regardless Notwithstanding the granting of Landlord’s 's consent, no subletting sale, conveyance, mortgage, pledge, subletting, assignment or assignment other transfer or encumbrance of this Lease or the Demised Premises shall release Tenant of Tenant’s obligation or alter the Tenant's primary liability of Tenant to pay the rent and other charges to be paid, and to perform all of its other obligations to be performed, by Tenant hereunder. The acceptance of rent by Landlord from any person other person or entity than Tenant shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed a consent to any subsequent assignment or subletting. In the event of default by If any assignee or successor of Tenant or any successor Tenant, defaults in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of proceeding against or exhausting his remedies against said assigneethe assignee or successor. After any assignment, sublease or other transfer or encumbrance, Landlord may consent to subsequent assignments of this Lease assignments, subleases, transfers or sublet of the Leased Premisesencumbrances, or amendments or modifications to this Lease with assignees of TenantLease, upon notice to Tenant, without notifying Tenant or any successor of Tenantother person, but without obtaining its or their consent thereto thereto, and such action shall not relieve without relieving Tenant of liability under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Dean & Deluca Inc)
No Release of Tenant. Regardless No consent by Landlord to any assignment or subletting by Tenant shall relieve Tenant of Landlord’s any obligation to be performed by Tenant under this Lease, whether occurring before or after such consent, no assignment or subletting. The consent by Landlord to any assignment or subletting shall not relieve Tenant from the obligation to obtain Landlord's express prior written consent to any other assignment or assignment shall release Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, by Tenant hereundersubletting. The acceptance of rent by Landlord from any other person or entity persons shall not be deemed to be a waiver by Landlord of any provision hereofof this Lease or to be a consent to any assignment, subletting or other transfer. Consent to one assignment assignment, subletting or subletting other transfer shall not be deemed to constitute consent to any subsequent assignment assignment, subletting or sublettingother transfer. In the event of default No sublease, once consented to by any assignee of Tenant Landlord, shall be modified or any successor Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against terminated by Tenant without the necessity of exhausting remedies against said assignee. Landlord may Landlord's prior consent, which consent to subsequent assignments of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to Tenant, or any successor of Tenant, but without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Leasebe unreasonably withheld.
Appears in 1 contract
No Release of Tenant. Regardless of No assignment or transfer, whether authorized or unauthorized by Landlord’s consent, no subletting or assignment shall release Tenant of or change Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, Rent and to perform all other obligations to be performed, by of Tenant hereunderunder this Lease for the entire Term of this Lease. The Landlord’s acceptance of rent by Landlord Rent from any other person or entity shall not be a waiver of any provision of this Article Thirteen. Consent to one transfer shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment transfer or subletting. In the event of default by any assignee of Tenant or any successor Tenant, in the performance of any a waiver of the terms hereofobligation to obtain consent on subsequent occasions. If Tenant’s assignee or transferee shall default under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting pursuing remedies against said assigneethe assignee or transferee. Landlord may consent to subsequent assignments or modifications of this Lease by Tenant’s transferee without notifying Tenant or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to Tenant, or any successor of Tenant, but without obtaining its or their consent thereto consent, and such action shall not relieve release Tenant from any of its obligations or liabilities under this Lease as so assigned or modified. In no event shall Tenant be released from liability under this LeaseLease in the event of an assignment or sublease unless Landlord executes a formal written release.
Appears in 1 contract
Samples: Spinal Elements Holdings, Inc.
No Release of Tenant. Regardless of Landlord’s 's consent, no any subletting or assignment shall not (a) be effective without the express written assumption by such assignee or sublessee of the obligations of Tenant under this Lease, (b) release Tenant of any of Tenant’s obligation 's obligations hereunder or (c) alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision hereofhereof or any default by Tenant. 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 Tenant or any successor of Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to without notifying Tenant, or any successor of Tenant, but and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease; provided that Tenant shall not be liable for any increase in the obligations under this Lease resulting from such an amendment or modification of this Lease to which Tenant has not consented.
Appears in 1 contract
Samples: Lease (Brooks Automation Inc)
No Release of Tenant. Regardless of Landlord’s 's consent, no subletting or assignment shall release Tenant of Tenant’s 's obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, Base Monthly Rent and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one (1) assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by If any assignee of Tenant or any successor Tenant, of Tenant defaults in the performance of any of the terms hereof, then Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to Tenant, Tenant without notifying Tenant or any successor of Tenant, but Tenant and without obtaining its or their consent thereto thereto, and such action shall not relieve Tenant of liability under this Lease.under
Appears in 1 contract
Samples: Lease Agreement (Sports Club Co Inc)
No Release of Tenant. Regardless No consent by Landlord to any Assignment or Sublease by Tenant shall relieve Tenant of any obligation to be performed by Tenant under this Lease, whether arising before or after the Assignment or Sublease. The consent by Landlord to any Assignment or Sublease shall not relieve Tenant from the obligation to obtain Landlord’s express written consent to any other Assignment or Sublease. Any Assignment or Sublease that is not in compliance with this Section 10 shall be void and, at the option of Landlord’s consent, no subletting or assignment shall release constitute a Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, by Tenant hereunderdefault. The acceptance of rent Base Rent, Additional Charges or Additional Rent by Landlord from a proposed assignee or sublessee shall not constitute the consent to such Assignment or Sublease by Landlord. Without liability to Tenant, Landlord shall have the right to offer and to lease space in the Building, or in any other person property, to any party, including parties with whom Tenant is negotiating, or entity shall not be deemed with whom Tenant desires to be a waiver by Landlord of any provision hereof. Consent to one negotiate, concerning assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Tenant or any successor Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to Tenant, or any successor of Tenant, but without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Leaseportion thereof.
Appears in 1 contract
Samples: Sublease Agreement (PubMatic, Inc.)
No Release of Tenant. Regardless of Landlord’s 's consent, no subletting or assignment shall release Tenant of Tenant’s 's obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, Rent and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent Rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor Tenantof Xxxxxx, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to without notifying Tenant, or any successor of Tenant, but and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease.
Appears in 1 contract
Samples: Work Agreement
No Release of Tenant. Regardless No consent by Landlord to any assignment -------------------- or subletting by Tenant shall relieve Tenant of Landlord’s any obligation to be performed by Tenant under this Lease, whether occurring before or after such consent, no subletting assignment or assignment shall release Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paidsubletting, and the Transferee shall be jointly and severally liable with Tenant for the payment of Rent (or that portion applicable to perform the subleased space in the case of a sublease) and for the performance of all other obligations terms and provisions of the Lease. The consent by Landlord to be performed, by any assignment or subletting shall not relieve Tenant hereunderand any such Transferee from the obligation to obtain Landlord's express written consent to any subsequent assignment or subletting. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision hereofof this Lease or to be a consent to any assignment, subletting or other transfer. Consent to one assignment assignment, subletting or subletting other transfer shall not be deemed to constitute consent to any subsequent assignment assignment, subletting or subletting. In the event of default by any assignee of Tenant or any successor Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to Tenant, or any successor of Tenant, but without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Leaseother transfer.
Appears in 1 contract
No Release of Tenant. Regardless of Landlord’s 's consent, no subletting or assignment shall release Tenant of from Tenant’s obligation 's obligations past, present or future, or alter the primary liability of Tenant to pay the rent and other charges to be paid, Rent and to perform all other obligations to be performed, performed by Tenant hereunderhereunder unless Tenant has expressly been released by Landlord under the terms of paragraph 13.1. The acceptance of rent Rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor of Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to without notifying Tenant, or any successor of Tenant, but and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease, provided, however, that no such amendment or modification to this Lease shall increase the Rent or other monetary obligations required hereunder without the prior written consent of Tenant.
Appears in 1 contract
Samples: Intuit Inc
No Release of Tenant. Regardless No consent by Landlord to any Transfer, nor -------------------- any Transfer whether or not permitted under this Article 14, shall relieve Tenant of Landlord’s any obligation to be performed by Tenant under this Lease, whether occurring before or after such consent, no assignment, subletting or assignment other Transfer. Each Transferee shall release be jointly and severally liable with Tenant (and Tenant shall be jointly and severally liable with each Transferee) for the payment of Tenant’s obligation or alter rent (or, in the primary liability case of Tenant to pay a sublease, rent in the rent amount set forth in the sublease) and other charges to be paid, and to perform for the performance of all other obligations terms and provisions of this Lease and Landlord, at Landlord's option, may collect such rent directly from such Transferee without releasing Tenant from Tenant's obligations. The consent by Landlord to be performed, any Transfer shall not relieve Tenant or any such Transferee from the obligation to obtain Landlord's express prior written consent to any subsequent Transfer by Tenant hereunderor any Transferee. The acceptance of rent by Landlord from any other person (whether or entity not such person is an occupant of the Premises) shall not be deemed to be a waiver by Landlord 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 Tenant or any successor Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice be a consent to Tenant, or any successor of Tenant, but without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this LeaseTransfer.
Appears in 1 contract
No Release of Tenant. Regardless of Landlord’s 's consent, no subletting or assignment shall release Tenant of Tenant’s 's obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor of Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assigneesuch successor. Landlord may consent to subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to without notifying Tenant, or any successor of Tenant, but Tenant and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease.
Appears in 1 contract
Samples: Sabratek Corp
No Release of Tenant. Regardless of Landlord’s 's consent, no subletting or assignment shall release Tenant of Tenant’s 's obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor of Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to Except for assignment, subleases, amendments, or modifications by Tenant's affiliate(s) as defined in paragraph 10.2 hereof, subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or material amendments or modifications to this Lease with assignees of Tenant, upon notice to Tenant, or any successor Tenant shall require consent of Tenant, but without obtaining its or their consent thereto Landlord and such action shall not relieve Tenant unless Tenant is relieved of liability under this Lease.
Appears in 1 contract
Samples: Lease (Real Goods Trading Corp)
No Release of Tenant. Regardless No consent by Landlord to any Assignment or Sublease by Tenant shall relieve Tenant of any obligation to be performed by Tenant under this Lease, whether arising before or after the Assignment or Sublease. The consent by Landlord to any Assignment or Sublease shall not relieve Tenant from the obligation to obtain Landlord’s express written consent to any other Assignment or Sublease. Any Assignment or Sublease that is not in compliance with this Section 10 shall be void and, at the option of Landlord’s consent, no subletting or assignment shall release constitute a Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, by Tenant hereunderdefault. The acceptance of rent Base Rent, Additional Charges or Additional Rent by Landlord from a proposed assignee or sublessee shall not constitute the consent to such Assignment or Sublease by Landlord. Without liability to Tenant, Landlord shall have the right to offer and to lease space in the Buildings, or in any other person property, to any party, including parties with whom Tenant is negotiating, or entity shall not be deemed with whom Tenant desires to be a waiver by Landlord of any provision hereof. Consent to one negotiate, concerning assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Tenant or any successor Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to Tenant, or any successor of Tenant, but without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Leaseportion thereof.
Appears in 1 contract
Samples: Lease Agreement (Synopsys Inc)
No Release of Tenant. Regardless of Landlord’s 's consent, no subletting or assignment shall release Tenant of Tenant’s 's obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord 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 a default by any an assignee of Tenant or any successor of Tenant, in the performance of any of the terms hereof, which default is not cured within the applicable cure period, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assigneesuch assignee or successor. Landlord may consent to subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to without notifying Tenant, or any successor of Tenant, but Tenant and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease.
Appears in 1 contract
Samples: Lease (Exodus Communications Inc)
No Release of Tenant. Regardless of Landlord’s 's consent, no subletting or assignment shall release Tenant of Tenant’s 's obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and or to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor of Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to Tenant, without notifying Tenant or any the successor of Tenant, but and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease.
Appears in 1 contract
Samples: Integrated Healthcare Holdings
No Release of Tenant. Regardless Notwithstanding the granting of Landlord’s 's --------------------- consent, no subletting sale, conveyance, mortgage, pledge, subletting, assignment or assignment other transfer or encumbrance of this Lease or the Premises shall release Tenant of Tenant’s obligation or alter the Tenant's primary liability of Tenant to pay the rent and other charges to be paid, and to perform all of its other obligations to be performed, by Tenant hereunder. The acceptance of rent by Landlord from any person other person or entity than Tenant shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed to be consent to any subsequent assignment or subletting. In the event of default by If any assignee or successor of Tenant or any successor Tenant, defaults in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of proceeding against or exhausting its remedies against said assigneethe assignee or successor. After any assignment, sublease or other transfer or encumbrance, Landlord may consent to subsequent assignments of this Lease assignments, subleases, transfers or sublet of the Leased Premisesencumbrances, or amendments or modifications to this Lease with assignees of TenantLease, upon notice to Tenant, without notifying Tenant or any successor of Tenantother person, but without obtaining its or their consent thereto thereto, and such action shall not relieve without relieving Tenant of liability under this Lease.
Appears in 1 contract
Samples: Office Lease (Vsource Inc)
No Release of Tenant. Regardless Notwithstanding the granting of Landlord’s consent, no subletting sale, conveyance, mortgage, pledge, subletting, assignment or assignment other transfer or encumbrance of this Lease or the Premises shall release Tenant of or alter Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all of its other obligations to be performed, by Tenant hereunder. The acceptance of rent by Landlord from any person other person or entity than Tenant shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed to be consent to any subsequent assignment or subletting. In the event of default by If any assignee or successor of Tenant or any successor Tenant, defaults in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of proceeding against or exhausting its remedies against said assigneethe assignee or successor. After any assignment, sublease or other transfer or encumbrance, Landlord may consent to subsequent assignments of this Lease assignments, subleases, transfers or sublet of the Leased Premisesencumbrances, or amendments or modifications to this Lease with assignees of TenantLease, upon notice to Tenant, without notifying Tenant or any successor of Tenantother person, but without obtaining its or their consent thereto thereto, and such action shall not relieve without relieving Tenant of liability under this Lease.
Appears in 1 contract
Samples: Office Lease (Compumed Inc)
No Release of Tenant. Regardless of Unless Landlord expressly consents otherwise, which consent may be withheld in Landlord’s consentsole discretion, no subletting or assignment shall release Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, Rent and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent Rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor of Tenant, in the performance of any of the terms hereof, Landlord may may, if Tenant remains liable therefor, proceed directly against Tenant without the necessity of exhausting remedies against said any assignee. Landlord may consent to subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to without notifying Tenant, or any successor of Tenant, but and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease; provided, however that such action shall not impose on Tenant any additional or greater obligation or liability than exists under this Lease in the absence of such action.
Appears in 1 contract
Samples: Net Lease (MGP Ingredients Inc)
No Release of Tenant. Regardless of Landlord’s 's consent, no subletting or assignment shall release Tenant of Tenant’s 's obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, rental and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent rental by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision hereofof this Lease. 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 Tenant or any successor Tenant, of Tenant in the performance of any of the terms hereofof this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assigneesuch assignee or successor. Landlord may consent to subsequent assignments assignment or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to without notifying Tenant, or any successor of Tenant, but and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease. Tenant agrees, in the event that (i) all or any part of the Premises are to be sublet by Tenant; or (ii) this Lease is to be assigned by Tenant, the agent then authorized by Landlord to lease space in the Office Campus, whether Managing Agent or otherwise, shall (aa) have the exclusive right to act as agent of the Tenant in any such subletting or assignment, and (bb) be entitled to collect from Tenant the customary commissions for such services; provided, however, that in no such event shall Landlord be liable for the payment of any commissions in connection with any sublet or assignment by Tenant.
Appears in 1 contract
No Release of Tenant. Regardless No Consent by Landlord to any assignment or subletting by Tenant shall relieve Tenant of Landlord’s any obligation to be performed by Tenant under this Lease, whether occurring before or after such consent, no subletting assignment or assignment shall release Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paidsubletting, and the Transferee shall be jointly and severally liable with Tenant for the payment of Rent (or that portion applicable to perform the subleased space in the case of a sublease) and for the performance of all other obligations terms and provisions of the Lease. The consent by Landlord to be performed, by any assignment or subletting shall not relieve Tenant hereunderand any such Transferee from the obligation to obtain Landlord's express written consent to any subsequent assignment or subletting. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision hereofof this Lease or to be a consent to any assignment, subletting or other transfer. Consent consent to one assignment assignment, subletting or subletting other transfer shall not be deemed to constitute consent to any subsequent assignment assignment, subletting or subletting. In the event of default by any assignee of Tenant or any successor Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to Tenant, or any successor of Tenant, but without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Leaseother transfer.
Appears in 1 contract
Samples: Sublease Agreement (Finet Com Inc)
No Release of Tenant. Regardless No subletting of Landlord’s consent, no subletting the Premises or assignment shall of this Lease (whether with or without Landlord's consent) will release Tenant of Tenant’s obligation 's obligations or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall will not be deemed to be a waiver by Landlord of any provision hereofof this Lease. Consent to one assignment or subletting shall will not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee or successor of Tenant or any successor Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assigneesuch assignee or successor. Landlord may consent to subsequent assignments of this Lease or sublet Lease, subletting of the Leased Premises, or amendments or modifications to this Lease with assignees or successors of Tenant without notifying Tenant or any guarantor of this Lease and without obtaining consent from Tenant, upon notice to Tenant's successor, or any successor guarantor of Tenant, but without obtaining its or their consent thereto and this Lease; such action shall actions will not relieve Tenant or any guarantor of liability under this Lease.
Appears in 1 contract
Samples: Bridgepoint Education Inc
No Release of Tenant. Regardless No consent of Landlord’s consent, no Landlord to any transfer or subletting or assignment by Tenant shall release relieve Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunderunder this Lease, whether occurring before or after such consent, transfer or subletting. The consent by Landlord to any transfer or subletting shall not relieve Tenant from the obligation to obtain Landlord's express prior written consent to any other transfer or subletting. The acceptance of rent by Landlord of payment from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments of this Lease or sublet of the Leased Premisesto be a consent to any transfer or sublease, or amendments or modifications to this Lease with assignees be a release of Tenant, upon notice to Tenant, or Tenant from any successor of Tenant, but without obtaining its or their consent thereto and such action shall not relieve Tenant of liability obligation under this Lease.. If this Lease is assigned or transferred, or if the Premises or any part thereof are sublet or occupied by any person other than Tenant, Landlord may, after uncured default by Tenant, collect the rent from any such assignee, transferee, subtenant or occupant and apply the net amount collected to the rent reserved herein, and no such action by Landlord shall be deemed a consent to such assignment, transfer, sublease or occupancy. 16.9
Appears in 1 contract
Samples: www.sec.gov
No Release of Tenant. Regardless Excepting only as provided in the immediately preceding paragraph, regardless of Landlord’s 's consent, no subletting or assignment shall release Tenant of from Tenant’s obligation 's obligations past, present or future, or alter the primary liability of Tenant to pay the rent and other charges to be paid, Rent and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent Rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor of Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to without notifying Tenant, or any successor of Tenant, but and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease., provided, however, that no
Appears in 1 contract
Samples: Lease (National Information Group)
No Release of Tenant. Regardless of Landlord’s consent, no subletting No consent by Landlord to any Transfer or assignment sublease shall release Tenant of Tenant’s obligation 's obligations under this Lease or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunder. The Landlord may require that any Transferee (other than a subtenant) remit directly to Landlord on a monthly basis, all monies due Tenant by said Transferee. However, the acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any other provision hereofhereof or to be a consent to any subsequent Transfer or sublease, or be a release of Tenant from any obligation under this Lease. Consent by Landlord to one assignment Transfer or subletting sublease shall not be deemed consent to any subsequent assignment Transfer or sublettingsublease and Landlord's express prior written consent to any other Transfer or sublease shall be required. In the event of default by any assignee Transferee of Tenant or any successor Tenant, of Tenant in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments of this Lease such Transferee or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to Tenant, or any successor of Tenant, but without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Leasesuccessor.
Appears in 1 contract
Samples: Office Lease (E Sync Networks Inc)
No Release of Tenant. Regardless of Landlord’s Landlords consent, no subletting or assignment shall release Tenant of Tenant’s Tenants obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and or to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord 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 Tenant or any successor of Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to Tenant, without notifying Tenant or any the successor of Tenant, but and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease.
Appears in 1 contract
Samples: Rescission, Restructuring and Assignment Agreement (Integrated Healthcare Holdings)
No Release of Tenant. Regardless of Landlord’s 's consent, no -------------------- subletting or assignment shall release Tenant of Tenant’s 's obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord 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 an assignee of Tenant or any successor of Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assigneesuch assignee or successor. Landlord may consent to subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to without notifying Tenant, or any successor of Tenant, but Tenant and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease.
Appears in 1 contract
Samples: Exodus Communications Inc
No Release of Tenant. Regardless of Landlord’s consent, no subletting or assignment shall release Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the rent and other charges to be paid, and to perform all other obligations to be performed, performed by Tenant hereunder. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment assignments or subletting. In the event of default by any assignee of Tenant or any successor Tenant, of Tenant in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments or subletting of this Lease or sublet of the Leased Premises, or amendments or modifications to this Lease with assignees of Tenant, upon notice to by notifying Tenant, or any successor successors of Tenant, but without obtaining its or their consent thereto and provided that such action shall not relieve Tenant of liability under this Lease.
Appears in 1 contract
Samples: Industrial Lease Agreement (CF Finance Acquisition Corp II)