Common use of PARTNERSHIP TENANT Clause in Contracts

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, is a partnership, or is comprised of two or more Persons, individually or as partners of a partnership (any such partnership and such Persons are referred to in this Article 29 as “Partnership Tenant”), the following shall apply: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization); (ii) each of the Partners hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant or any of the Partners, which shall modify, extend or discharge this Lease, in whole or in part, or surrender all or any part of the Premises to Landlord; (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; (iv) if Partnership Tenant shall admit new Partners, all new Partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (subject to the inherent limitations of liability in such business organization; (v) Partnership Tenant shall give prompt notice to Landlord of the admission of any new Partners, and upon demand of Landlord, shall cause each new Partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any new Partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 5 contracts

Samples: Lease Agreement (MSG Entertainment Spinco, Inc.), Lease Agreement (MSG Entertainment Spinco, Inc.), Lease (MSG Spinco, Inc.)

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PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, at any time Tenant is a partnership, or is comprised of two or more Persons, individually or as partners of a partnership (any such partnership and such Persons are referred to in this Article 29 as “Partnership Tenant”), the following shall apply: : (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several; (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners parties comprising Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; Landlord or renewing or extending this Lease and by any notices, demands, requests or other communications which may hereafter be given, by Tenant or by any of the parties comprising Tenant; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Tenant shall be deemed given or rendered to Tenant and to all such parties and shall be binding upon Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed performed; (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any new Partnerspartner or partners, and upon demand of Landlord, shall cause each new Partner such partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1); 13.08; (f) on each anniversary of the Commencement Date, Tenant shall deliver to Landlord a list of all partners together with their current residential addresses; (g) For so long as Tenant shall not be in default under the terms of this Lease, if any partner in Tenant, as now or hereafter constituted, shall resign or retire from Tenant, or shall die, then in any such event the equity partner so retiring, or resigning or the estate of an equity partner or shareholder thereof who has died, as the case may be, shall be released from any liability or responsibility under this Lease from and (vi) no change after the date of such retirement, resignation or death provided that only the first such equity partner or shareholder resigning, retiring, or dying within any given calendar year shall be so released in that calendar year, with any subsequent equity partner or shareholder resigning, retiring or dying within said calendar year being released, in chronological order, in the Partners next-subsequent calendar year or calendar years. Tenant shall give Landlord prompt notice of Partnership Tenant resulting from the admission of a new Partner, or the deathsuch resignation, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.death; and

Appears in 4 contracts

Samples: Lease Agreement (GTJ REIT, Inc.), Lease Agreement (GTJ REIT, Inc.), Lease Agreement (GTJ REIT, Inc.)

PARTNERSHIP TENANT. If TenantTenant is a partnership (including, without limitation, a limited liability partnership) or a permitted assignee of this Lease pursuant to Article 16, is limited liability company or a partnership, professional corporation (or is comprised of two (2) or more Persons, individually or as co- partners of a partnership (including, without limitation a limited liability partnership), as members of a limited liability company or as shareholders of a professional corporation) or if Tenant's interest in this Lease shall be assigned to a partnership (including, without limitation, a limited liability partnership) a limited liability company or a professional corporation (or to two (2) or more Persons, individually or as co-partners of a partnership, as members of a limited liability company or shareholders of a professional corporation) pursuant to Article 12 hereof (any such partnership partnership, professional corporation and such Persons are referred to in this Article 29 as "Partnership ----------- Tenant"), the following provisions shall applyapply to such Partnership Tenant: (ia) ------ the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (x) any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend modifying, extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (y) any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners, all shareholders or members, as the case may be, Partnership Tenant shall give Landlord notice of such event not later than ten (10) Business Days prior to the admission of such partner(s), shareholder(s) or member(s) together with an assumption agreement in form and substance satisfactory to Landlord pursuant to which each of such new Partners partners, shareholders or members, as the case may be, shall, by their admission to Partnership Tenant, agree to assume joint and several liability for the performance of all of the terms, covenants and conditions of this Lease (as the same may have been or thereafter be amended) on Tenant's part to be observed and performed; it being expressly understood and agreed that each such new partner, shareholder or member (as the case may be) shall be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to (as the same may have been or thereafter be observed and performed (subject to the inherent limitations of liability in amended), whether or not such business organization; (v) Partnership Tenant new partner, shareholder or member shall give prompt notice to Landlord of the admission of any new Partnershave executed such assumption agreement, and upon demand of Landlord, shall cause each new Partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on that neither Tenant’s part to be observed and performed (but neither Landlord’s 's failure to request any deliver such assumption agreement nor the failure of any such new Partner partner or shareholder, as the case may be, to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1clause (d) of this Article 29); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Musicmaker Com Inc), Lease Agreement (Xoom Inc), Lease Agreement (Musicmaker Com Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 1615 hereof, is a partnership, or is comprised of two or more Persons, individually or as partners of a partnership (any such partnership and such Persons are referred to in this Article 29 as "Partnership Tenant"), the following shall apply: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons comprising Partnership Tenant (the "Partners") shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant or any of the Partners, which shall modify, extend or discharge this Lease, in whole or in part, or surrender all or any part of the Premises to Landlord; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of the Partners shall be binding upon Partnership Tenant and all of the Partners; (ivd) if Partnership Tenant shall admit new Partners, all new Partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject to the inherent limitations of liability in such business organizationperformed; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any new Partners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any new Partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.129.1(e); and (vif) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 3 contracts

Samples: Lease (Greenhill & Co Inc), Lease (Greenhill & Co Inc), Lease Agreement (Thestreet Com)

PARTNERSHIP TENANT. If TenantTenant is a partnership (including, without limitation, a limited liability partnership) or a permitted assignee of this Lease pursuant to Article 16, is limited liability company or a partnership, professional corporation (or is comprised of two (2) or more Persons, individually or as co-partners of a partnership (including, without limitation a limited liability partnership), as members of a limited liability company or as shareholders of a professional corporation) or if Tenant's interest in this Lease shall be assigned to a partnership (including, without limitation, a limited liability partnership) a limited liability company or a professional corporation (or to two (2) or more Persons, individually or as co-partners of a partnership, as members of a limited liability company or shareholders of a professional corporation) pursuant to Article 12 hereof (any such partnership partnership, professional corporation and such Persons are referred to in this Article 29 as "Partnership Tenant"), the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (x) any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend modifying, extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (y) any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners, all shareholders or members, as the case may be, Partnership Tenant shall give Landlord notice of such event not later than ten (10) Business Days prior to the admission of such partner(s), shareholder(s) or member(s) together with an assumption agreement in form and substance satisfactory to Landlord pursuant to which each of such new Partners partners, shareholders or members, as the case may be, shall, by their admission to Partnership Tenant, agree to assume joint and several liability for the performance of all of the terms, covenants and conditions of this Lease (as the same may have been or thereafter be amended) on Tenant's part to be observed and performed; it being expressly understood and agreed that each such new partner, shareholder or member (as the case may be) shall be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to (as the same may have been or thereafter be observed and performed (subject to the inherent limitations of liability in amended), whether or not such business organization; (v) Partnership Tenant new partner, shareholder or member shall give prompt notice to Landlord of the admission of any new Partnershave executed such assumption agreement, and upon demand of Landlord, shall cause each new Partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on that neither Tenant’s part to be observed and performed (but neither Landlord’s 's failure to request any deliver such assumption agreement nor the failure of any such new Partner partner or shareholder, as the case may be, to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1clause (d) of this Article 29); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Fibernet Telecom Group Inc\), Lease Agreement (Liveperson Inc), Lease Agreement (Teltran International Group LTD)

PARTNERSHIP TENANT. Section 29.1 If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, or is comprised of two (2) or more Personspersons, individually or as co-partners of a partnership (any such partnership and such Persons persons are referred to in this Article 29 as “Partnership Tenant”), or if Tenant’s interest in this Lease shall be assigned to a Partnership Tenant, the following provisions shall applyapply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (i) any written instrument which agreement that may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (ii) any Notices that may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications Notices given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit admits new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (subject to the inherent limitations of liability in such business organizationperformed; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner shall assume partner assumes joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of clause (d) of this Section 29.1Article 29); and (vif) no change in the Partners any present or future partner of Partnership Tenant resulting from the admission who is no longer a partner of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or at the time of any Partner or former Partner from their default under this Lease shall, nevertheless, remain liable for the obligations of Tenant under this Lease, as if any such partner had been a partner of Partnership Tenant on the date of such default. The provisions of this Article 29 shall be inapplicable to the Tenant named in this Lease and to its corporate successors under Section 15.3(B).

Appears in 2 contracts

Samples: Lease Agreement (Forrester Research, Inc.), Lease Agreement (Digitas Inc)

PARTNERSHIP TENANT. Section 29.1 If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, or is comprised of two (2) or more Personspersons, individually or as co-partners of a partnership (any such partnership and such Persons persons are referred to in this Article 29 as “Partnership Tenant”), or if Tenant’s interest in this Lease shall be assigned to a Partnership Tenant, the following provisions shall applyapply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (i) any written instrument which agreement that may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (ii) any Notices that may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications Notices given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit admits new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (subject to the inherent limitations of liability in such business organizationperformed; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner shall assume partner assumes joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of clause (d) of this Section 29.1Article 29); and (vif) no change in the Partners any present or future partner of Partnership Tenant resulting from the admission who is no longer a partner of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or at the time of any Partner or former Partner from their default under this Lease shall, nevertheless, remain liable for the obligations of Tenant under this Lease, as if any such partner had been a partner of Partnership Tenant on the date of such default.

Appears in 2 contracts

Samples: Lease Agreement (Progenics Pharmaceuticals Inc), Lease Agreement (Progenics Pharmaceuticals Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 1615 hereof, is a partnership, or is comprised of two or more Personspersons, individually or as co-partners of a partnership (any such partnership and such Persons persons are referred to in this Article 29 as "Partnership Tenant"), the following shall apply: : (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnersparties comprising Partnership Tenant, which shall modify, extend or discharge this Lease, in whole or in part, or surrender all or any part of the Premises to Landlord; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnersgeneral partners, all of such new Partners general partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject to the inherent limitations of liability in such business organizationperformed; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnersgeneral partners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.129.1(e); and (vif) no change in the Partners partners of Partnership Tenant resulting from the admission of a new Partnerpartner, or the death, retirement or withdrawal of a Partner partner shall release Partnership Tenant or any Partner partner or former Partner partner from their obligations under this Lease.

Appears in 2 contracts

Samples: Office Building Lease (Imanage Inc), Office Building Lease (Imanage Inc)

PARTNERSHIP TENANT. Section 28.01. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually or and as co-partners of a partnership) or if Tenant's interest in this Lease shall be assigned to a partnership (or to two (2) or more persons, individually and as co-partners of a partnership) pursuant to Article 12 (any such partnership and such Persons persons are referred to in this Article 29 Section as "Partnership Tenant"), the following provisions of this Section shall apply: apply to such Partnership Tenant: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization); several, individually and as a partner, and (ii) each of the Partners persons comprising Partnership Tenant, whether or not such person shall be one of the persons comprising Tenant at the time in question, hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; , and by any notices, demands, requests or other communications which may hereafter be given, by Partnership Tenant or by any of the persons comprising Partnership Tenant, and (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the persons comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such persons and shall be binding upon Partnership Tenant and all such persons, and (iv) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject to the inherent limitations of liability in performed, and shall be liable for such business organization; performance, together with all other partners, jointly or severally, individually and as a partner, and (v) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall so assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (iv) of this Section.) The provisions of Section 29.1); and (vi) no change in relating to the Partners partners of Partnership Tenant resulting shall not be deemed to apply to limited partners otherwise exempt from liability for the admission debts and other obligations of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this LeaseTenant.

Appears in 1 contract

Samples: Lease Agreement (Liberty Financial Companies Inc /Ma/)

PARTNERSHIP TENANT. 17.01. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually or and/or as co-partners of a partnership) or if Tenant's interest in this lease shall be assigned to a partnership (or to two (2) or more persons, individually and/or as co-partners of a partnership) pursuant to this article (any such partnership and such Persons persons are referred to in this Article 29 Section 17.01 as “Partnership Tenant”"PARTNERSHIP TENANT"), the following shall apply: following (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”other than limited partners) shall be joint and several several, (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Leaselease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord; Landlord or renewing or extending this lease and by any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant, (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties, and (ivd) if Partnership Tenant shall admit new Partnersgeneral partners, all of such new Partners general partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s 's part to be observed and performed performed. (subject a) Notwithstanding anything to the inherent limitations contrary contained in Section 17.01 above, except as provided in Section 17.02(b), no general or limited partner of liability in such business organization; (v) Partnership Original Tenant shall give prompt notice have any personal liability under this lease and any judgment hereunder or related hereto taken or rendered against Original Tenant shall be enforceable only against the property of Original Tenant. (b) Notwithstanding the provisions of Section 17.02(a) above, (1) if at any time Original Tenant (x) shall dissolve (other than pursuant to, or as a result of, insolvency proceedings) and (y) shall distribute its assets without adequately providing for any and all of its obligations and liabilities under this lease, then all persons who were general partners of Original Tenant immediately prior to Landlord of the admission of any new Partnersdissolution shall be personally and jointly and severally liable to Original Tenant, and upon demand for the benefit of Landlord, shall cause each new Partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner shall assume joint and several liability (subject to the inherent limitations extent of liability in such business organization) for any loss, cost, damage or injury which Landlord may suffer as a result of the performance of all the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any make adequate provision for such agreement nor the failure of any new Partner to execute or deliver any such agreement to Landlord shall vitiate obligations and liabilities, and (2) the provisions of this Section 29.1); and 17.02(a) shall not relieve any general or limited partner of Original Tenant from any obligation to restore to Original Tenant any distributions of cash, property or other assets by Original Tenant made to such partner which (vix) no change were made at any time when the distributor was insolvent or (y) resulted in the Partners distributor's becoming insolvent. For purposes of Partnership this lease, Original Tenant resulting from shall be "insolvent" if (a) it is generally unable to pay its debts and other liabilities as they become due or (b) the admission sum of its debts is greater than all of its property at a new Partner, or fair valuation (taking into account this lease and the death, retirement or withdrawal liabilities of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Leasethe tenant hereunder).

Appears in 1 contract

Samples: Lease (Goldman Sachs Group Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually or and as co-partners of a partnership) or if Tenant's interest in this Lease shall be assigned to a partnership (or to two (2) or more persons, individually and as co-partners of a partnership) pursuant to Article 12 (any such partnership and such Persons persons are referred to in this Article 29 30 as “Partnership Tenant”"PARTNERSHIP TENANT"), the following provisions of this Article 30 shall apply: apply to such Partnership Tenant: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization); several, and (ii) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord; , and by any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant, and (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant and to all such parties shall be binding upon Partnership Tenant and all such parties, and (iv) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject to the inherent limitations of liability in such business organization; performed, and (v) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (iv) of this Section 29.1Article 30); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Salon Internet Inc)

PARTNERSHIP TENANT. 38.01 If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Persons, persons or entities individually or as co-partners of a partnership) or if Tenant's interest in this lease shall be assigned to a partnership (or to two (2) or more persons or entities individually or as co-partners of a partnership) pursuant to Article 10 (any such partnership and such Persons persons or entities are referred to in this Article 29 as "Partnership Tenant"), the following provisions of this Article shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several, and (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument modifications of this lease which may hereafter be executed made, and by any notices, demands, requests or other communications which may hereafter be given, by Partnership Tenant or by any of the Partnersparties comprising Partnership Tenant, which shall modify, extend or discharge this Lease, in whole or in part, or surrender all or any part of the Premises to Landlord; and (iiic) any bills, statements, notices, demands, requests or and other communications given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties, and (ivd) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s 's part to be observed and performed performed, and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (d) of this Section). 38.02 Provided Tenant is not then in default under this Lease beyond the expiration of the applicable notice and cure period provided herein for the cure thereof (if any), and further provided that Clarus Corporation is still one of the entities comprising the Tenant hereunder, Landlord will, at Tenant's request, release Kanders & Company, Inc. from future liability under this Lease. This Section 29.138.02 shall be deemed deleted from this Lease upon the occurrence of the release of Clarus Corporation pursuant to Section 38.03 hereof. 38.03 At any time after the expiration of the eighteenth (18th) month following the Rent Commencement Date, provided Tenant is not then in default under this Lease beyond the expiration of the applicable notice and cure period provided herein for the cure thereof (if any); , and further provided that Kanders & Company, Inc. has not previously been released pursuant to Section 38.02, Landlord will, at Tenant's request, release Clarus Corporation from future liability under this Lease provided Kanders & Company, Inc. provides proof acceptable to Landlord in its reasonable discretion that Kanders & Company, Inc. has a net worth of at least $10,000,000.00 at that time. Landlord agrees to accept as such proof bank references (viincluding approximate current account balances) no change together with a letter from a certified public accountant stating the estimated net worth of Kanders & Company, Inc. In the event that such release is requested after the expiration of the seventh (7th) Lease Year, then, in lieu of the Partners of Partnership Tenant resulting net worth test set forth above, Kanders & Company, Inc. may provide proof acceptable to Landlord in its reasonable discretion that Kanders & Company, Inc. has free and clear cash on hand equal to at least three (3) times Tenant's cash requirements for the trailing twelve (12) month period, in which case Clarus Corporation may be released from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations future liability under this Lease.

Appears in 1 contract

Samples: Lease (Clarus Corp)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, general partnership (or is comprised of two (2) or more Persons, individually or as co-partners of a partnership partnership, as members of a limited liability company or as shareholders of a professional corporation) or if Tenant’s interest in this Lease shall be assigned to a general partnership, professional corporation (or to two (2) or more Persons, individually or as co-partners of a partnership), pursuant to Article 12 hereof (any such partnership and such Persons are referred to in this Article 29 as “Partnership Tenant”), the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (x) any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend modifying, extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (y) any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners, all shareholders or members, as the case may be, Partnership Tenant shall give Landlord notice of such event not later than ten (10) Business Days prior to the admission of such partner(s), shareholder(s) or member(s) together with an assumption agreement in form and substance reasonably satisfactory to Landlord pursuant to which each of such new Partners partners shall, by their admission to Partnership Tenant, agree to assume joint and several liability for the performance of all of the terms, covenants and conditions of this Lease (as the same may have been or thereafter be amended) on Tenant’s part to be observed and performed; it being expressly understood and agreed that each such new partner shall be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to (as the same may have been or thereafter be observed and performed (subject to the inherent limitations of liability in amended), whether or not such business organization; (v) Partnership Tenant new partner shall give prompt notice to Landlord of the admission of any new Partnershave executed such assumption agreement, and upon demand of Landlord, shall cause each new Partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on that neither Tenant’s part to be observed and performed (but neither Landlord’s failure to request any deliver such assumption agreement nor the failure of any such new Partner partner or shareholder, as the case may be, to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1clause (d) of this Article 29); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Coty Inc /)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually or as co-partners of a partnership) or if Tenant’s interest in this Lease shall be assigned to a partnership (or to two (2) or more persons, individually or as co-partners of a partnership), any such partnership and such Persons are persons being referred to in this Article 29 as a “Partnership Tenant”), the following provisions of this Section shall applyapply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several, (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord; Landlord or renewing or extending this Lease and by any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant, (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties, (ivd) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and and, upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1Section); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease (MF Global Ltd.)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, is a partnership, or is comprised of two or more Persons, individually or as partners of a partnership (any such partnership and such Persons are referred to in this Article 29 as "Partnership Tenant"), the following shall apply: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons comprising Partnership Tenant (the "Partners") shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (ii) each of the Partners hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant or any of the Partners, which shall modify, extend or discharge this Lease, in whole or in part, or surrender all or any part of the Premises to Landlord; (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of the Partners shall be binding upon Partnership Tenant and all of the Partners; (iv) if Partnership Tenant shall admit new Partners, all new Partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject to the inherent limitations of liability in such business organizationperformed; (v) Partnership Tenant shall give prompt notice to Landlord of the admission of any new Partners, and upon demand of Landlord, shall cause each new Partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any new Partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section Section 29.1); ) and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease (Sports Club Co Inc)

PARTNERSHIP TENANT. 36.01. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually or and/or as co-partners of a partnership) or if Tenant's interest in this Lease shall be assigned to a partnership (or to two (2) or more persons, individually and/or as co-partners of a partnership) pursuant to this Article 36 (any such partnership and such Persons persons are referred to in this Article 29 36 as "Partnership Tenant"), the following provisions of this Article 36 shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several, (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord; Landlord or renewing or extending this Lease and by any notices, demands, requests or other communications which may hereafter be given, by Partnership Tenant or by any of the parties comprising Partnership Tenant, (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties, (ivd) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed performed, (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any new Partnerspartner or partners, and upon demand of Landlord, shall cause each new Partner such partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s Xxxxxxxx's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (d) of this Section 29.1); section) and (vif) no change in on each anniversary of the Partners of Commencement Date, Partnership Tenant resulting from the admission shall deliver to Landlord a list of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from all partners together with their obligations under this Leasecurrent residential addresses.

Appears in 1 contract

Samples: Lease Agreement (Broadview Networks Holdings Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually and as co-partners of a partnership) or if Tenant's interest in this Lease shall be assigned to a partnership (or to two (2) or more persons, individually and as co-partners of a partnership ) pursuant to Article 21 (any such partnership and such Persons are persons being referred to in this Article 29 Section as “Partnership Tenant”), the following provisions of this Section shall applyapply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several, and (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument modifications of this Lease which may hereafter be executed made and by any notices, demands, requests or other communications which may hereafter be given, by Partnership Tenant or by any of the Partnersparties comprising Partnership Tenant, which shall modify, extend or discharge this Lease, in whole or in part, or surrender all or any part of the Premises to Landlord; and (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties, and (ivd) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed performed, and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (d) of this Section 29.1Article); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Intellicheck Mobilisa, Inc.)

PARTNERSHIP TENANT. If Tenant, or Section 28.01. Owner acknowledges that since Tenant is a permitted assignee corporation the provisions of this Lease pursuant Article shall not be applicable to Article 16NCI Advertising, Inc., Tenant named herein. If Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually or and as co-partners of a partnership) or if Tenant's interest in this Lease shall be assigned to a partnership (or to two (2) or more persons, individually and as co-partners of a partnership) pursuant to Article 11 (any such partnership and such Persons persons are referred to in this Article 29 Section as "Partnership Tenant"), the following provisions of this Section shall apply: apply to such Partnership Tenant: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization); several, and (ii) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; Owner, and by any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant, and (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties, and (iv) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject to the inherent limitations of liability in such business organization; performed, and (v) Partnership Tenant shall give prompt notice to Landlord Owner of the admission of any such new Partnerspartners, and and, upon demand of LandlordOwner, shall cause each such new Partner partner to execute and deliver to Landlord Owner an agreement agreement, in form and substance reasonably satisfactory to LandlordOwner, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s Owner's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord Owner shall vitiate the provisions of subdivision (iv) of this Section 29.1Section); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Nelson Communications Inc)

PARTNERSHIP TENANT. 36.01. If Tenant, or a permitted assignee of 's interest in this Lease pursuant shall be assigned to Article 16, is a partnership, partnership (or is comprised of to two (2) or more Personspersons, individually or and/or as co-partners of a partnership partnership) (any such partnership and such Persons persons are referred to in this Article 29 section as "Partnership Tenant"), the following provisions of this Article 36 shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”other than limited partners of a limited partnership) shall be joint and several several, (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord; Landlord or renewing or extending this Lease and by any notices, demands, requests or other communications which may hereafter be given, by Partnership Tenant or by any of the parties comprising Partnership Tenant, but the foregoing shall not be deemed to render any limited partners of a limited partnership personally liable for any obligations of Tenant under this Lease, (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Partnership Tenant (ivother than limited partners of a limited partnership) shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties, (d) if Partnership Tenant shall admit new Partnerspartners (other than limited partners of a limited partnership), all of such new Partners partners (other than limited partners of a limited partnership) shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed performed, (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any new Partnerspartner or partners (other than limited partners of a limited partnership), and upon within twenty (20) days after demand of Landlord, shall cause each new Partner such partner (other than limited partners of a limited partnership) to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner (other than limited partners of a limited partnership) shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (d) of this Section 29.1); section) and (vif) no change in on each anniversary of the Partners of Commencement Date, Partnership Tenant resulting from the admission shall deliver to Landlord a list of all partners (other than limited partners of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from limited partnership) together with their obligations under this Leasecurrent residential addresses.

Appears in 1 contract

Samples: Lease Agreement (Corporate Property Associates 15 Inc)

PARTNERSHIP TENANT. Section 30.01. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually or and as co-partners of a partnership) or if Tenant’s interest in this Lease shall be assigned to a partnership (or to two (2) or more persons, individually and as co-partners of a partnership) pursuant to Article 11 (any such partnership and such Persons persons are referred to in this Article 29 Section as “Partnership Tenant”), the following provisions of this Section shall applyapply to such Partnership Tenant: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization); several, individually and as a partner and (ii) each of the Partners parties comprising Partnership Tenant, whether or not such party shall be one of the parties comprising Tenant at the time in question, hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; , and by any notices, demands, requests or other communications which may hereafter be given, by Partnership Tenant or by any of the parties comprising Partnership Tenant, and (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties, and (iv) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (subject to the inherent limitations of liability in performed, and shall be liable for such business organization; performance, together with all other partners, jointly and severally, individually and as a partner and (v) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance reasonably satisfactory to Landlord, wherein each such new Partner partner shall so assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (iv) of this Section). Section 29.130.02. A. Anything herein contained to the contrary notwithstanding, if Tenant is a limited or general partnership (or is comprised of two (2) or more persons, individually or as co-partners); and , the change or conversion of Tenant to (vii) no change in the Partners of Partnership Tenant resulting from the admission of a new Partnerlimited liability company, (ii) a limited liability partnership, or (iii) any other entity which possesses the deathcharacteristics of limited liability (any such limited liability company, retirement limited liability partnership, or withdrawal entity is collectively referred to as a “Successor Entity”) shall be prohibited unless the prior written consent of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this LeaseLandlord is obtained, which consent may be withheld in Landlord’s sole discretion.

Appears in 1 contract

Samples: Lease Agreement (Majesco)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Persons, individually persons) or as partners of if Tenant’s interest in this Lease shall be assigned to a partnership (or to two (2) or more persons) pursuant to Section 4.01 (any such partnership and such Persons persons are referred to in this Article 29 Section 4.11 as a “Partnership Tenant”), the following provisions of this Section 4.11 shall applyapply to such Partnership Tenant: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in parties comprising a limited liability partnership or Persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization); several, and (ii) each of the Partners parties comprising a Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord; , and by any notices, demands, requests or other communications which may hereafter be given by a Partnership Tenant or by any of the parties comprising a Partnership Tenant, and (iii) any bills, statements, notices, demands, requests or other communications given or rendered to a Partnership Tenant; Tenant and to all such parties shall be binding upon a Partnership Tenant and all such parties, and (iv) if a Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to a Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (subject to the inherent limitations of liability in such business organization; performed, and (v) a Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance reasonably satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of clause (iv) of this Section 29.14.11); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Office Building Lease (ACA Capital Holdings Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 1615 hereof, is a partnership, or is comprised of two or more Persons, individually or as partners of a partnership persons, (any such partnership and such Persons are referred to in this Article 29 as “Partnership Tenant”), the following shall apply: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnersparties comprising Partnership Tenant, which shall modify, extend or discharge this Lease, in whole or in part, or surrender all or any part of the Premises to Landlord; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnersgeneral partners, all of such new Partners general partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject to the inherent limitations of liability in such business organizationperformed; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnersgeneral partners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.129.1(d)); and (vif) no change in the Partners partners of Partnership Tenant resulting from the admission of a new Partnerpartner, or the death, retirement or withdrawal of a Partner partner shall release Partnership Tenant or any Partner partner or former Partner partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Martha Stewart Living Omnimedia Inc)

PARTNERSHIP TENANT. If Tenant, Tenant is a partnership or a permitted assignee of this Lease pursuant to Article 16, is a partnership, professional corporation (or is comprised of two (2) or more Persons, individually or as co-partners of a partnership or shareholders of a professional corporation) or if Tenant's interest in this Lease shall be assigned to a partnership or a professional corporation (or to two (2) or more Persons, individually or as co-partners of a partnership or shareholders of a professional corporation) pursuant to Article 12 hereof (any such partnership partnership, professional corporation and such Persons persons are referred to in this Article 29 as "Partnership Tenant"), the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (x) any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend modifying, extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (y) any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners or shareholders, as the case may be, all of such new Partners partners or shareholders, as the case may be, shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed performed; and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners or shareholders, as the case may be, and upon demand of Landlord, shall cause each such new Partner partner or shareholder, as the case may be, to execute and deliver to Landlord an agreement in form and substance reasonably satisfactory to LandlordLandlord and Tenant, wherein each such new Partner partner or shareholder, as the case may be, shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the observance and performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner or shareholder, as the case may be, to execute or deliver any such agreement to Landlord shall vitiate the provisions of clause (d) of this Section 29.1Article 29); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (BLC Financial Services Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, a limited liability partnership, or a professional corporation (or is comprised of two (2) or more Personspersons, individually or as co-partners of a partnership or a limited liability partnership, or shareholders of a professional corporation) or if Tenant's interest in this Lease shall be assigned to a partnership, a limited liability partnership, or a professional corporation (or to two (2) or more persons, individually or as co-partners of a partnership or a limited liability partnership, or shareholders of a professional corporation) pursuant to Article 46 hereof (any such partnership partnership, limited liability partnership, professional corporation and such Persons persons are referred to in this Article 29 45 as "Partnership Tenant"), the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (x) any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend modifying, extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlordowner, and (y) any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners or shareholders, as the case may be, all of such new Partners partners or shareholders, as the case may be, shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject to the inherent limitations of liability in such business organizationperformed; (ve) Partnership Tenant shall give prompt notice to Landlord Owner of the admission of any such new Partnerspartners or shareholders, as the case may be, and upon demand of LandlordOwner, shall cause each such new Partner partner or shareholder, as the case may be, to execute and deliver to Landlord Owner an agreement in form and substance satisfactory to LandlordOwner, wherein each such new Partner partner or shareholder, as the case may be, shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the observance and performance of all the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any new Partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.'s

Appears in 1 contract

Samples: Lease Agreement (Edgar Online Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 1615 hereof, is a partnership, or is comprised of two or more Persons, individually or as partners of a partnership (any such partnership and such Persons are referred to in this Article 29 as "Partnership Tenant"), the following shall apply: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons comprising Partnership Tenant (the "Partners") shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant or any of the Partners, which shall modify, extend or discharge this Lease, in whole or in part, or surrender all or any part of the Premises to Landlord; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of the Partners shall be binding upon Partnership Tenant and all of the Partners; (ivd) if Partnership Tenant shall admit new Partners, all new Partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject to the inherent limitations of liability in such business organizationperformed; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any new Partners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any new Partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.129.1(e)); and (vif) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease (Advent Software Inc /De/)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually or as co-partners of a partnership) or if Tenant's interest in this Lease shall be assigned to a partnership (or to two (2) or more persons, individually or as co-partners of a partnership) pursuant to Article 12 hereof (any such partnership and such Persons persons are referred to in this Article 29 as "Partnership Tenant"), the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (x) any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor partnership, which shall modifychanging, extend modifying, extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (y) any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of such parties shall be binding upon Partnership Tenant and all such parties (ivd) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed performed; and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partners to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of clause (d) of this Section 29.1Article 29); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (United Restaurants Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of Xxxxxx's interest in this Lease pursuant to Article 16, is lease shall at any time be held by a partnership, or is comprised of by two or more Persons, persons or entities individually or as partners of a partnership (any such partnership and such Persons persons and entities are referred to in this Article 29 Section as "Partnership Tenant"), the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several; (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners hereby parties comprising Partnership Tenant consents in advance to, and agrees to be bound by, any (i) written instrument which may hereafter thereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Leaselease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; , and (iiiii) notices, demands, requests or other communications which may thereafter be given, by Partnership Tenant or any of the parties comprising Partnership Tenant; (c) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; , or to any of the parties comprising Partnership Tenant, shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners shall, partners shall by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s 's part to be observed and performed performed; and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any each new Partnerspartner, and upon demand of Landlord, shall cause each new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any new Partner such partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1subparagraph); and . (vif) no Anything herein to the contrary notwithstanding, if Tenant is a limited or general partnership (or is comprised of two (2) or more persons, individually or as co-partners), the change in the Partners or conversion of Partnership Tenant resulting from the admission of to a new Partnerlimited liability company, (ii) a limited liability partnership, or (iii) any other entity which possesses the deathcharacteristics of limited liability (any such limited liability company, retirement limited liability partnership, or withdrawal entity is collectively referred to as a "Successor Entity") shall be prohibited unless the prior written consent of a Partner shall release Partnership Tenant Landlord is obtained, which consent may be withheld in Landlord's sole discretion. (g) Notwithstanding the foregoing in Paragraph (f), Xxxxxxxx agrees not to unreasonably withhold or any Partner delay such consent provided that: (1) The Successor Entity succeeds to all or former Partner from their obligations under this Lease.substantially all of Tenant's business and assets;

Appears in 1 contract

Samples: Lease Agreement (Frontline Communication Corp)

PARTNERSHIP TENANT. Section 29.1. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, or is comprised of two (2) or more Personspersons, individually or as co-partners of a partnership (any such partnership and such Persons persons are referred to in this Article 29 as “Partnership Tenant”), or if Tenant’s interest in this Lease shall be assigned to a Partnership Tenant, the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (i) any written instrument which agreement that may hereafter here- after be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (ii) any Notices that may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications Notices given or rendered to Partnership Tenant or to any of such parties shall be binding upon Partnership Tenant, and all such parties; (ivd) if Partnership Tenant shall admit admits new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (subject to the inherent limitations of liability in such business organizationperformed; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner shall assume partner assumes joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of clause (d) of this Section 29.1Article 29); and (vif) no change in the Partners any present or future partner of Partnership Tenant resulting from the admission who is no longer a partner of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or at the time of any Partner or former Partner from their default under this Lease shall, nevertheless, remain liable for the obligations of Tenant under this Lease, as if any such partner had been a partner of Partnership Tenant on the date of such default.

Appears in 1 contract

Samples: Lease Agreement (Ampex Corp /De/)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is ------------------ comprised of two (2) or more Persons, individually or as partners of a partnership) or if Tenant's interest in this Lease shall be assigned to a partnership (or to two (2) or more Persons, individually or as partners of a partnership) in a manner permitted under Article XIX (any such partnership and such Persons are referred to in this Article 29 as "Partnership Tenant"), the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (i) any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor partnership, which shall modifychanging, extend modifying, extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (ii) any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions provisions of this Lease on Tenant’s 's part to be observed and performed from and after the date of their admission to Partnership Tenant; and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions EXECUTION COPY provisions of this Lease on Tenant’s 's part to be observed and performed (from and after the date of their admission to Partnership Tenant, but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of clause (d) of this Section 29.1); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease24.14.

Appears in 1 contract

Samples: Data Center Space Lease (Theglobe Com Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, general partnership (or is comprised of two (2) or more Personspersons, individually or as co-partners of a general partnership) or if Tenant’s interest in this lease shall be assigned to a general partnership (or to two (2) or more persons, individually or as co-partners of a general partnership) pursuant to Article 21 (any such partnership and such Persons persons are referred to in this Article 29 Section as “Partnership Tenant”), the following provisions of this Section shall applyapply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several, and (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument modifications of this lease which may hereafter be executed made, and by any notices, demands, requests or other communications which may hereafter be given, by Partnership Tenant or by any of the Partnersparties comprising Partnership Tenant, which shall modify, extend or discharge this Lease, in whole or in part, or surrender all or any part of the Premises to Landlord; and (iiic) any bills, statements, notices, demands, requests or and other communications given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties, and (ivd) if Partnership Tenant shall admit new Partnersgeneral partners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s part to be observed and performed performed, and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (d) of this Section 29.1Section); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Prestige Brands Holdings, Inc.)

PARTNERSHIP TENANT. SECTION 28.01. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership or professional corporation or limited liability company (or is comprised of two (2) or more Personspersons, individually or and as co-partners of a partnership or shareholders of a professional corporation or members of a limited liability company) or if Tenant's interest in this Lease shall be assigned to a partnership or professional corporation or limited liability company (or to two (2) or more persons, individually and as co-partners of a partnership or shareholders of a professional corporation or members of a limited liability company) pursuant to Article 11 (any such partnership partnership, professional corporation, limited liability company and such Persons persons are referred to in this Article 29 Section as "Partnership Tenant"), the following provisions of this Section shall apply: apply to such Partnership Tenant: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject several, individually and as a partner or shareholder or member, with respect to all obligations of the inherent limitations Tenant under this Lease whether or not such obligations arose prior to, during, or after any period when any party comprising Partnership Tenant was a member or shareholder of liability of such business organization); Partnership Tenant, and (ii) each of the Partners persons comprising Partnership Tenant, whether or not such person shall be one of the persons comprising Tenant at the time in question, hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; Owner, and by any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the persons comprising Partnership Tenant, and (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the persons comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and shall be binding upon Partnership Tenant and all such persons, and (iv) if Partnership Tenant shall admit new Partnerspartners or shareholders or members, all of such new Partners partners or shareholders or members, as the case may be, shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject performed, and shall be liable for such performance, together with all other parties, jointly or severally, individually and as a partner or shareholder or member, whether or not the obligation to the inherent limitations comply with such terms, covenants or conditions arose prior to, during or after any period when any party comprising Partnership Tenant was a member or shareholder of liability in such business organization; Partnership Tenant and (v) Partnership Tenant shall give prompt notice to Landlord Owner of the admission of any such new Partnerspartners, and or shareholders, or members, as the case may be, and, upon demand of LandlordOwner, shall cause each such new Partner partner or shareholder or member to execute and deliver to Landlord Owner an agreement agreement, in form and substance satisfactory to LandlordOwner, wherein each such new Partner partner or shareholder or member shall so assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed whether or not the obligation to comply with such terms, covenants or conditions arose prior to, during or after any period when any party comprising Partnership Tenant was a member or shareholder of Partnership Tenant (but neither Landlord’s Owner's failure to request any such such agreement nor the failure of any such new Partner partner, shareholder or member to execute or deliver any such agreement to Landlord Owner shall vitiate the provisions of this Section 29.1); and subdivision (viiv) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under other provision of this LeaseSection).

Appears in 1 contract

Samples: Lease Agreement (United States Financial Group Inc /Ny)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually or and as co-partners of a partnership) or if Tenant's interest in this Lease shall be assigned to a partnership (or to two (2) or more persons, individually and as co-partners of a partnership) pursuant to Article 42 (any such partnership and such Persons persons are referred to called, in this Article 29 as “50, the "Partnership Tenant"), the following provisions shall apply: apply to such Partnership Tenant: (iA) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several, (subject to the inherent limitations of liability of such business organization); (iiB) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (1) any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises demised premises to Landlord; Owner, (iii2) any notices, demands, requests or other communications which may hereafter be given by Partner-ship Tenant or by any of the parties comprising Partnership Tenant, and (3) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant or any of the parties comprising Partnership Tenant; , (ivC) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed performed, and (subject to the inherent limitations of liability in such business organization; (vD) Partnership Tenant shall give prompt notice to Landlord Owner of the admission of any such new Partnerspartners, and upon demand of LandlordOwner, shall cause each such new Partner partner to execute and deliver to Landlord Owner an agreement agreement, in form and substance satisfactory to LandlordOwner, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s Owner's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord Owner shall vitiate the provisions of Sections A, B, and C of this Section 29.1Article 50); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Westwood One Inc /De/)

PARTNERSHIP TENANT. If Tenant, Tenant is a partnership or a permitted assignee of this Lease pursuant to Article 16, is a partnership, professional corporation (or is comprised of two (2) or more Persons, individually or as co-partners of a partnership or shareholders of a professional corporation) or if Tenant's interest in this Lease shall be assigned to a partnership or a professional corporation (or to two (2) or more Persons, individually or as co-partners of a partnership or shareholders of a professional corporation) pursuant to Article 12 hereof (any such partnership partnership, professional corporation and such Persons are referred to in this Article 29 as "Partnership Tenant"), the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (x) any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend modifying, extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (y) any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such 86 87 parties; (ivd) if Partnership Tenant shall admit new Partnerspartners or shareholders, as the case may be, all of such new Partners partners or shareholders, as the case may be, shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed performed; and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners or shareholders, as the case may be, and upon demand of Landlord, shall cause each such new Partner partner or shareholder, as the case may be, to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner or shareholder, as the case may be, shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the observance and performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner or shareholder, as the case may be, to execute or deliver any such agreement to Landlord shall vitiate the provisions of clause (d) of this Section 29.1Article 29); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Mony Group Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of ’s interest in this Lease pursuant to Article 16, is lease shall at any time be held by a partnership, or is comprised of two by 2 or more Persons, persons individually or as partners of a partnership (any such partnership and such Persons persons are referred to in this Article 29 Section as “Partnership Tenant”), the following provisions shall apply: apply to such Partnership Tenant: (ia) the The liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several; (subject to the inherent limitations of liability of such business organization); (iib) each Each of the Partners hereby parties comprising Partnership Tenant thereby consents in advance to, and agrees to be bound by, any (i) written instrument which may hereafter thereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Leaselease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; , and (iiiii) notices, demands, requests or other communications which may thereafter be given, by Partnership Tenant or any of the parties comprising Partnership Tenant; (c) Any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; , or to any of the parties comprising Partnership Tenant, shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties; (ivd) if If Partnership Tenant shall admit new Partnerspartners, all of such new Partners shall, partners shall by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s part to be observed and performed performed; and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any each such new Partnerspartner, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any new Partner such partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subparagraph (d) of this Section). Landlord shall release from liability hereunder, as to obligations thereafter accruing, retiring partners and the estates of deceased partners, provided that the aggregate assets of the remaining partners of a Partnership Tenant shall be sufficient in Landlord’s reasonable judgment to meet Tenant’s obligations hereunder. The provisions of this Section 29.1); and (vi) no change shall not be deemed to constitute a consent, by Landlord, to the assignment of any interest in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Leaselease by Tenant.

Appears in 1 contract

Samples: Lease (Vision Sciences Inc /De/)

PARTNERSHIP TENANT. 42.1 If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, joint venture, proprietorship or unincorporated association (or is comprised of two (2) or more Personspersons, individually and as co-partners, co-proprietors or joint venturers) or if Tenant's interest in this Lease shall be assigned to a partnership, joint venture, proprietorship or unincorporated association (or to two (2) or more persons, individually and as partners of a partnership co-partners, co-proprietors or joint venturers) pursuant to Article 16 hereof or otherwise (any such partnership and such Persons are joint venture, proprietorship or unincorporated association being referred to in this Article 29 herein as “Partnership Tenant”a "PARTNERSHIP TENANT", and any partner, joint venturer or other member thereof being referred herein to as a "PARTNER"), the following provisions of this Section shall applyapply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons comprising Partnership Tenant (the “Partners”) Partners shall be joint and several several, individually and as a Partner; and (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners Partners, whether or not such person shall be one of the persons comprising Tenant at the time in question, hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by the Partnership Tenant or by any of the Partners, which shall modifychanging, extend modifying or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord, and by any notices, demands, requests or other communications which may hereafter be given, by the Partnership Tenant or by any of the Partners; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to the Partnership TenantTenant or to any of the Partners shall be deemed given or rendered to the Partnership Tenant and to all such Partners and shall be binding upon the Partnership Tenant and all Partners; (ivd) if the Partnership Tenant shall admit new Partners, Partners all of such new Partners shall, by their admission to the Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed performed, and shall be liable for such performance, 36 together with all other Partners, jointly or severally, individually and as a Partner; and (subject to e) the inherent limitations of liability in such business organization; (v) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partners, and upon demand of Landlord, shall cause each such new Partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner or joint venturer shall so assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subsection (d) of this Section 29.1Section); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Sublease (Protarga Inc)

PARTNERSHIP TENANT. SECTION 28.01. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership or professional corporation or limited liability company (or is comprised of two (2) or more Personspersons, individually or and as co-partners of a partnership or shareholders of a professional corporation or members of a limited liability company) or if Tenant's interest in this Lease shall be assigned to a partnership or professional corporation or limited liability company (or to two (2) or more persons, individually and as co-partners of a partnership or shareholders of a professional corporation or members of a limited liability company) pursuant to Article 11 (any such partnership partnership, professional corporation, limited liability company and such Persons persons are referred to in this Article 29 Section as "Partnership Tenant"), the following provisions of this Section shall apply: apply to such Partnership Tenant: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject several, individually and as a partner or shareholder or member, with respect to all obligations of the inherent limitations Tenant under this Lease whether or not such obligations arose prior to, during, or after any period when any party comprising Partnership Tenant was a member or shareholder of liability of such business organization); Partnership Tenant, and (ii) each of the Partners persons comprising Partnership Tenant, whether or not such person shall be one of the persons comprising Tenant at the time in question, hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; Owner, and by any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the persons comprising Partnership Tenant, and (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the persons composing Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such persons and shall be binding upon Partnership Tenant and all such persons, and (iv) if Partnership Tenant shall admit new Partnerspartners or shareholders or members, all of such new Partners partners or shareholders or members, as the case may be, shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject performed, and shall be liable for such performance, together with all other parties, jointly or severally, individually and as a partner or shareholder or member, whether or not the obligation to the inherent limitations comply with such terms, covenants or conditions arose prior to, during or after any period when any party composing Partnership Tenant was a member or shareholder of liability in such business organization; Partnership Tenant and (v) Partnership Tenant shall give prompt notice to Landlord Owner of the admission of any such new Partnerspartners, and or shareholders, or members, as the case may be, and, upon demand of LandlordOwner, shall cause each such new Partner partner or shareholder or member to execute and deliver to Landlord Owner an agreement agreement, in form and substance satisfactory to LandlordOwner, wherein each such new Partner partner or shareholder or member shall so assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed whether or not the obligation to comply with such terms, covenants or conditions arose prior to, during or after any period when any party comprising Partnership Tenant was a member or shareholder of Partnership Tenant (but neither Landlord’s Owner's failure to request any such agreement nor the failure of any such new Partner partner, shareholder or member to execute or deliver any such agreement to Landlord Owner shall vitiate the provisions of this Section 29.1); and subdivision (viiv) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under other provision of this LeaseSection).

Appears in 1 contract

Samples: Lease Agreement (N2k Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually or as co-partners of a partnership) or if Tenant?s interest in this lease shall be assigned to a partnership (or to two (2) or more persons, individually or as co-partners of a partnership) pursuant to Paragraph 54 (any such partnership and such Persons persons are referred to in this Article 29 Paragraph as "Partnership Tenant"), the following provisions of this Section shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several, and (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument modifications of this lease which may hereafter be executed made, and by any notices, demands, requests or other communications which may hereafter be given, by Partnership Tenant or by any of the Partnersparties comprising Partnership Tenant, which shall modify, extend or discharge this Lease, in whole or in part, or surrender all or any part of the Premises to Landlord; and (iiic) any bills, statements, notices, demands, requests or and other communications given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties, and (ivd) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s Tenant?s part to be observed and performed performed, and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s Tenant?s part to be observed and performed (but neither Landlord’s Landlord?s failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (d) of this Section 29.1Paragraph); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Loft Lease (Scientific Industries Inc)

PARTNERSHIP TENANT. If Tenant, Tenant is a partnership or a permitted assignee of if Xxxxxx’s interest in this Lease shall be assigned to a partnership pursuant to Article 16, is a partnership, or is comprised of two or more Persons, individually or as partners of a partnership 14 above (any such partnership and of Tenant or such Persons are assignee to be referred to in this Article 29 herein as “Partnership Tenant”), the following provisions of this Lease shall apply: apply to such Partnership Tenant: (i) the The liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization); several. (ii) each Each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord; , and by notices, demands, requests or other communication which may be given by Landlord to Tenant under this Lease. (iii) any Any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Partnership Tenant shall be deemed given to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties. (iv) if If Partnership Tenant shall admit Xxxxxx admits new Partnersgeneral partners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (subject to the inherent limitations of liability in such business organization; performed. (v) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnersgeneral partners, and and, upon demand of Landlord, shall cause each such new Partner general partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner general partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Partnership Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate terminate the provisions of clause (iv) of this Section 29.129.7.2 above nor relieve any such new partner of its obligations thereunder); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease (GenMark Diagnostics, Inc.)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually or and as co-partners of a partnership) or if Tenant's interest in this lease shall be assigned to a partnership (or to two (2) or more persons, individually and as co-partners of a partnership) pursuant to Article 11 or Schedule D hereof (any such partnership and such Persons persons are referred to in this Article 29 62 as "Partnership Tenant"), the following provisions of this Article 62 shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several, and (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Leaselease, in whole or in part, or surrender surrendering all or any part of the Premises demised premises to Landlord; , and by notices, demands, requests or other communications which may hereafter be given, by Partnership Tenant or any of the parties comprising Partnership Tenant, and (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties, and (ivd) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners shall, partners shall by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s 's part to be observed and performed performed, and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (d) of this Section 29.1Section); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Office Lease (Launch Media Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, is a partnership, or is comprised of two or more Persons, individually or as partners of a partnership (any such partnership and such Persons are referred to in this Article 29 as “Partnership Tenant”), the following shall apply: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization); (ii) each of the Partners hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant or any of the Partners, which shall modify, extend or discharge this Lease, in whole or in part, or surrender all or any part of the Premises to Landlord; (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; (iv) if Partnership Tenant shall admit new Partners, all new Partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (subject to the inherent limitations of liability in such business organization; (v) Partnership Tenant shall give prompt notice to Landlord of the admission of any new Partners, and upon demand of Landlord, shall cause each new Partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither LandlordXxxxxxxx’s failure to request any such agreement nor the failure of any new Partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease (MSGE Spinco, Inc.)

PARTNERSHIP TENANT. If TenantTenant is a partnership (including, without limitation, a limited liability partnership) or a permitted assignee of this Lease pursuant to Article 16, is limited liability company or a partnership, professional corporation (or is comprised of two (2) or more Persons, individually or as co- partners of a partnership (including, without limitation a limited liability partnership), as members of a limited liability company or as shareholders of a professional corporation) or if Tenant's interest in this Lease shall be assigned to a partnership (including, without limitation, a limited liability partnership) a limited liability company or a professional corporation (or to two (2) or more Persons, individually or as co-partners of a partnership, as members of a limited liability company or shareholders of a professional corporation) pursuant to Article 12 hereof (any such partnership partnership, professional corporation and such Persons are referred to in this Article 29 as "Partnership Tenant"), the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (x) any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend modifying, extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (y) any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners, all shareholders or members, as the case may be, Partnership Tenant shall give Landlord notice of such event not later than ten (10) Business Days prior to the admission of such partner(s), shareholder(s) or member(s) together with an assumption agreement in form and substance satisfactory to Landlord pursuant to which each of such new Partners partners, shareholders or members, as the case may be, shall, by their admission to Partnership Tenant, agree to assume joint and several liability for the performance of all of the terms, covenants and conditions of this Lease (as the same may have been or thereafter be amended) on Tenant's part thereafter to be observed and performed; it being expressly understood and agreed that each such new partner, shareholder or member (as the case may be) shall be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to (as the same may have been or thereafter be observed and performed (subject to the inherent limitations of liability in amended), whether or not such business organization; (v) Partnership Tenant new partner, shareholder or member shall give prompt notice to Landlord of the admission of any new Partnershave executed such assumption agreement, and upon demand of Landlord, shall cause each new Partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on that neither Tenant’s part to be observed and performed (but neither Landlord’s 's failure to request any deliver such assumption agreement nor the failure of any such new Partner partner or shareholder, as the case may be, to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1clause (d) of this Article 29); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Focal Communications Corp)

PARTNERSHIP TENANT. 36.01. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually or and/or as co-partners of a partnership) or if Tenant's interest in this Lease shall be assigned to a partnership (or to two (2) or more persons, individually and/or as co-partners of a partnership) pursuant to this Article 36 (any such partnership and such Persons persons are referred to in this Article 29 36 as "Partnership Tenant"), the following provisions of this Article 36 shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several, (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord; Landlord or renewing or extending this Lease and by any notices, demands, requests or other communications which may hereafter be given, by Partnership Tenant or by any of the parties comprising Partnership Tenant, (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties, (ivd) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed performed, (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any new Partnerspartner or partners, and upon demand of Landlord, shall cause each new Partner such partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (d) of this Section 29.1); section) and (vif) no change in on each anniversary of the Partners of Initial Commencement Date, Partnership Tenant resulting from the admission shall deliver to Landlord a list of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from all partners together with their obligations under this Leasecurrent residential addresses.

Appears in 1 contract

Samples: Lease (Medsite Com Inc)

PARTNERSHIP TENANT. If Tenant is a partnership or if Tenant, or a permitted assignee of ’s interest in this Lease shall be assigned to a partnership pursuant to Article 16, is a partnership, or is comprised of two or more Persons, individually or as partners of a partnership 14 above (any such partnership and of Tenant or such Persons are assignee to be referred to in this Article 29 herein as “Partnership Tenant”), the following provisions of this Lease shall apply: apply to such Partnership Tenant: (i) the The liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization); several. (ii) each Each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord; , and by notices, demands, requests or other communication which may be given by Landlord to Tenant under this Lease. (iii) any Any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Partnership Tenant shall be deemed given to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties. (iv) if If Partnership Tenant shall admit admits new Partnersgeneral partners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (subject to the inherent limitations of liability in such business organization; performed. (v) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnersgeneral partners, and and, upon demand of Landlord, shall cause each such new Partner general partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner general partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Partnership Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate terminate the provisions of clause (iv) of this Section 29.129.7.2 above nor relieve any such new partner of its obligations thereunder); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease (Maxlinear Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two [2] or more Personspersons, individually or and as co-partners of a partnership), or if Tenant’s interest in this Lease shall be assigned to a partnership (or to two [2] or more persons, individually and as co-partners of a partnership) pursuant to Article 48 (any such partnership and such Persons persons are referred to in this Article 29 as “Partnership Tenant”), the following provisions of this Article shall apply: apply to such Partnership Tenant: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization); several, and (ii) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord; , and by any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant, and (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant and all Such parties shall be binding upon Partnership Tenant and all such parties, and (iv) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (subject to the inherent limitations of liability in such business organization; performed, and (v) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (iv) of this Section 29.1Article); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Office Lease (Olo Inc.)

PARTNERSHIP TENANT. Section 29.1. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, or is comprised of two (2) or more Personspersons, individually or as co-partners of a partnership (any such partnership and such Persons persons are referred to in this Article 29 as "Partnership Tenant"), or if Tenant's interest in this Lease shall be assigned to a Partnership Tenant, the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (i) any written instrument which agreement that may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (ii) any Notices that may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications Notices given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit admits new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject to the inherent limitations of liability in such business organizationperformed; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner shall assume partner assumes joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of clause (d) of this Section 29.1Article 29); and (vif) no change in the Partners any present or future partner of Partnership Tenant resulting from the admission who is no longer a partner of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or at the time of any Partner or former Partner from their default under this Lease shall, nevertheless, remain liable for the obligations of Tenant under this Lease, as if any such partner had been a partner of Partnership Tenant on the date of such default.

Appears in 1 contract

Samples: Lease Agreement (Ampex Corp /De/)

PARTNERSHIP TENANT. If TenantTenant is a partnership (including, without limitation, a limited liability partnership) or a permitted assignee of this Lease pursuant to Article 16, is limited liability company or a partnership, professional corporation (or is comprised of two (2) or more Persons, individually or as co-partners of a partnership (including, without limitation a limited liability partnership), as members of a limited liability company or as shareholders of a professional corporation) or if Tenant's interest in this Lease shall be assigned to a partnership (including, without limitation, a limited liability partnership) a limited liability company or a professional corporation (or to two (2) or more Persons, individually or as co-partners of a partnership, as members of a limited liability company or shareholders of a professional corporation) pursuant to Article 12 hereof (any such partnership partnership, professional corporation and such Persons are referred to in this Article 29 as "Partnership Tenant"), the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (x) any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend modifying, extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (y) any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners, all shareholders or members, as the case may be, Partnership Tenant shall give Landlord notice of such event not later than ten (10) Business Days prior to the admission of such partner(s), shareholder(s) or member(s) together with an assumption agreement in form and substance 66 71 satisfactory to Landlord pursuant to which each of such new Partners partners, shareholders or members, as the case may be, shall, by their admission to Partnership Tenant, agree to assume joint and several liability for the performance of all of the terms, covenants and conditions of this Lease (as the same may have been or thereafter be amended) on Tenant's part to be observed and performed; it being expressly understood and agreed that each such new partner, shareholder or member (as the case may be) shall be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to (as the same may have been or thereafter be observed and performed (subject to the inherent limitations of liability in amended), whether or not such business organization; (v) Partnership Tenant new partner, shareholder or member shall give prompt notice to Landlord of the admission of any new Partnershave executed such assumption agreement, and upon demand of Landlord, shall cause each new Partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on that neither Tenant’s part to be observed and performed (but neither Landlord’s 's failure to request any deliver such assumption agreement nor the failure of any such new Partner partner or shareholder, as the case may be, to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1clause (d) of this Article 29); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (PNV Net Inc)

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PARTNERSHIP TENANT. If Tenant is partnership (or comprised of two (2) or ------------------- more persons, individually and as co-partners of partnership) or if Tenant, or a permitted assignee of 's interest in this Lease shall be assigned to partnership (or to two (2) or more persons, individually and as co-partners of partnership) pursuant to Article 16, is a partnership, or is comprised of two or more Persons, individually or as partners of a partnership 12 (any such partnership and such Persons persons are referred to in this Article 29 30 as a "Partnership Tenant"), the following provisions of this Article 30 shall apply: apply to such Partnership Tenant: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in parties comprising a limited liability partnership or Persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization); several, and (ii) each of the Partners parties comprising a Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord; , and by any notices, demands, requests or other communications which may hereafter be given by a Partnership Tenant or by any of the parties comprising a Partnership Tenant, and (iii) any bills, statements, notices, demands, requests requests, or other communications given or rendered to a Partnership Tenant; Tenant and all such parties, and (iv) if a Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to a Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject to the inherent limitations of liability in such business organization; performed, and (v) a Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any nay such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (iv) of this Section 29.1Article 30); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Global Broadcasting Systems Inc/Fa)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of 's interest in this Lease pursuant shall be assigned to Article 16, is a partnership, partnership or an entity is comprised of two (2) or more Personspersons, individually or as partners copartners of a partnership (any such partnership and such Persons are referred to in this Article 29 as “a "Partnership Tenant"), the following provisions of this Section 46 shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in parties comprising a limited liability partnership or Persons comprising Partnership Tenant (the “Partners”) shall be joint and several several, and (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners hereby parties comprising a Partnership Tenant consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord; , and by any notices, demands, requests or other communications which may hereafter be given by a Partnership Tenant or by any of the parties comprising a Partnership Tenant, and (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to a Partnership Tenant; Tenant or to all such parties as have been identified to Landlord by Tenant shall be binding upon a Partnership Tenant and all such parties, and (ivd) if a Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to a Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed performed, and (subject to the inherent limitations of liability in such business organization; (ve) a Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of item (d) of this Section 29.146); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Office Lease (Continucare Corp)

PARTNERSHIP TENANT. If TenantTenant is a partnership (including, without limitation, a limited liability partnership) or a permitted assignee of this Lease pursuant to Article 16, is limited liability company or a partnership, professional corporation (or is comprised of two (2) or more Persons, individually or as co-partners of a partnership (including, without limitation a limited liability partnership), as members of a limited liability company or as shareholders of a professional corporation) or if Tenant's interest in this Lease shall be assigned to a partnership (including, without limitation, a limited liability partnership) a limited liability company or a professional corporation (or to two (2) or more Persons, individually or as co-partners of a partnership, as members of a limited liability company or shareholders of a professional corporation) pursuant to Article 12 hereof (any such partnership partnership, professional corporation and such Persons are referred to in this Article 29 as "Partnership Tenant"), the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (x) any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend modifying, extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (y) any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners, all shareholders or members, as the case may be, Partnership Tenant shall give Landlord notice of such event not later than ten (10) Business Days prior to the admission of such partner(s), shareholder(s) or member(s) together with an assumption agreement in form and substance satisfactory to Landlord pursuant to which each of such new Partners partners, shareholders or members, as the case may be, shall, by their admission to Partnership Tenant, agree to assume joint and several liability for the performance of all of the terms, covenants and conditions of this Lease (as the same may have been or thereafter be amended) on Tenant's part to be observed and performed; it being expressly understood and agreed that each such new partner, shareholder or member (as the case may be) shall be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to (as the same may have been or thereafter be observed and performed (subject to the inherent limitations of liability in amended), whether or not such business organization; (v) Partnership Tenant new partner, shareholder or member shall give prompt notice to Landlord of the admission of any new Partnershave executed such assumption agreement, and upon demand of Landlord, shall cause each new Partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on that neither Tenant’s part to be observed and performed (but neither Landlord’s 's failure to request any deliver such assumption agreement nor the failure of any such new Partner partner or shareholder, as the case may be, to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1); and clause (vid) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this LeaseArticle 29.

Appears in 1 contract

Samples: Lease Agreement (General Media Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of 's interest in this Lease pursuant to Article 16, is lease shall at any time be held by a partnership, or is comprised of by two or more Persons, persons or entities individually or as partners of a partnership (any such partnership and such Persons persons and entities are referred to in this Article 29 Section as "Partnership Tenant"), the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several; (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners hereby parties comprising Partnership Tenant consents in advance to, and agrees to be bound by, any (i) written instrument which may hereafter thereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Leaselease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; , and (iiiii) notices, demands, requests or other communications which may thereafter be given, by Partnership Tenant or any of the parties comprising Partnership Tenant; (c) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; , or to any of the parties comprising Partnership Tenant, shall 59 be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners shall, partners shall by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s 's part to be observed and performed performed; and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any each new Partnerspartner, and upon demand of Landlord, shall cause each new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any new Partner such partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1subparagraph); . Landlord shall release from liability hereunder, as to obligations thereafter accruing, retiring partners and (vi) no change in the Partners estates of deceased partners, provided that the aggregate assets of the remaining partners of a Partnership Tenant resulting from shall be sufficient in Landlord's sole judgment to meet Tenant's obligations hereunder. The provisions of this Section shall not be deemed to constitute a consent, by Landlord, to the admission assignment of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under interest in this Leaselease by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Quintel Entertainment Inc)

PARTNERSHIP TENANT. Landlord acknowledges that (a) so long as ------------------ Tenant or a permitted assignee of Tenant is not a partnership, this Section shall be deemed to be inapplicable; and (b) as of the date hereof, Tenant is a corporation and not a partnership. If Tenant, or a permitted assignee of this Lease pursuant to this Article 1615 hereof, is a partnership, or is comprised of ---------- two or more Persons, individually or as co-partners of a partnership (any such partnership and such Persons are referred to in this Article 29 15 as "Partnership ---------- Tenant"), the following shall apply: : (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnersparties comprising Partnership Tenant, which shall modify, extend or discharge this Lease, in whole or in part, or surrender all or any part of the Premises to Landlord; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such partners; (ivd) if Partnership Tenant shall admit new Partnersgeneral partners, all of such new Partners general partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject to the inherent limitations of liability in such business organizationperformed; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnersgeneral partners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance reasonably satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.115.8(e); and (vif) no change in the Partners partners of Partnership Tenant resulting from the admission of a new Partnerpartner, or the death, retirement or withdrawal of a Partner partner shall release Partnership Tenant or any Partner partner or former Partner partner from their obligations under this Lease.

Appears in 1 contract

Samples: Deed of Lease (Verisign Inc/Ca)

PARTNERSHIP TENANT. Section 28.01. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership or professional corporation (or is comprised of two (2) or more Personspersons, individually or and as co-partners of a partnership or shareholders of a professional corporation (or if Tenant's interest in this Lease shall be assigned to a partnership or professional corporation (or to two (2) or more persons, individually and as co-partners of a partnership or shareholders of a professional corporation) pursuant to Article 11 (any such partnership partnership, professional corporation, and such Persons persons are referred to in this Article 29 Section as "Partnership Tenant"), the following ------------------ provisions of this Section shall apply: apply to such Partnership Tenant: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject several, individually and as a partner or shareholder, with respect to all obligations of the inherent limitations Tenant under this Lease whether or not such obligations arose prior to, during, or after any period when any party comprising Partnership Tenant was a shareholder of liability of such business organization); Partnership Tenant, and (ii) each of the Partners persons comprising Partnership Tenant, whether or not such person shall be one of the persons comprising Tenant at the time in question, hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; Owner, and by any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the persons comprising Partnership Tenant, and (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the persons comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such persons and shall be binding upon Partnership Tenant and all such persons, and (iv) if Partnership Tenant shall admit new Partnerspartners or shareholders, all of such new Partners partners or shareholders, as the case may be, shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject performed, and shall be liable for such performance, together with all other parties, jointly or severally, individually and as a partner or shareholder, whether or not the obligation to the inherent limitations comply with such terms, covenants or conditions arose prior to, during or after any period when any party comprising Partnership Tenant was a member or shareholder of liability in such business organization; Partnership Tenant and (v) Partnership Tenant shall give prompt notice to Landlord Owner of the admission of any such new Partnerspartners, and or shareholders, as the case may be, and, upon demand of LandlordOwner, shall cause each such new Partner partner or shareholder to execute and deliver to Landlord Owner an agreement agreement, in form and substance reasonably satisfactory to LandlordOwner, wherein each such new Partner partner or shareholder shall so assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed whether or not the obligation to comply with such terms, covenants or conditions arose prior to, during or after any period when any party comprising Partnership Tenant was a shareholder of Partnership Tenant (but neither Landlord’s Owner's failure to request any such agreement nor the failure of any such new Partner partner or shareholder to execute or deliver any such agreement to Landlord Owner shall vitiate the provisions of this Section 29.1); and subdivision (viiv) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under other provision of this LeaseSection).

Appears in 1 contract

Samples: Lease Agreement (Blackrock Inc /Ny)

PARTNERSHIP TENANT. SECTION 28.01. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership or professional corporation or limited liability company (or is comprised of two (2) or more Personspersons, individually or and as co-partners of a partnership or shareholders of a professional corporation or members of a limited liability company) or if Tenant's interest in this Lease shall be assigned to a partnership or professional corporation or limited liability company (or to two (2) or more persons, individually and as co-partners of a partnership or shareholders of a professional corporation or members of a limited liability company) pursuant to Article 11 (any such partnership partnership, professional corporation, limited liability company and such Persons persons are referred to in this Article 29 Section as “Partnership Tenant”"PARTNERSHIP TENANT"), the following provisions of this Section shall apply: apply to such Partnership Tenant: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject several, individually and as a partner or shareholder or member, with respect to all obligations of the inherent limitations Tenant under this Lease whether or not such obligations arose prior to, during, or after any period when any party comprising Partnership Tenant was a member or shareholder of liability of such business organization); Partnership Tenant, and (ii) each of the Partners persons comprising Partnership Tenant, whether or not such person shall be one of the persons comprising Tenant at the time in question, hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; Owner, and by any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the persons comprising Partnership Tenant, and (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the persons comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such persons and shall be binding upon Partnership Tenant and all such persons, and (iv) if Partnership Tenant shall admit new Partnerspartners or shareholders or members, all of such new Partners partners or shareholders or members, as the case may be, shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject performed, and shall be liable for such performance, together with all other parties, jointly or severally, individually and as a partner or shareholder or member, whether or not the obligation to the inherent limitations comply with such terms, covenants or conditions arose prior to, during or after any period when any party comprising Partnership Tenant was a member or shareholder of liability in such business organization; Partnership Tenant and (v) Partnership Tenant shall give prompt notice to Landlord Owner of the admission of any such new Partnerspartners, and or shareholders or members, as the case may be, and, upon demand of LandlordOwner, shall cause each such new Partner partner or shareholder or member to execute and deliver to Landlord Owner an agreement agreement, in form and substance satisfactory to LandlordOwner, wherein each such new Partner partner or shareholder or member shall so assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed whether or not the obligation to comply with such terms, covenants or conditions arose prior to, during or after any period when any party comprising Partnership Tenant was a member or shareholder of Partnership Tenant (but neither Landlord’s Owner's failure to request any such agreement nor the failure of any such new Partner partner or shareholder or member to execute or deliver any such agreement to Landlord Owner shall vitiate the provisions of this Section 29.1); and subdivision (viiv) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under other provision of this LeaseSection).

Appears in 1 contract

Samples: Lease Agreement (Iturf Inc)

PARTNERSHIP TENANT. 63.1 If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, joint venture or unincorporated association (or is comprised of two (2) or more Personspersons, individually or and as co- partners of a partnership partnership) or if Tenant's interest in this Lease shall be assigned to a partnership, joint venture or unincorporated association (or to two (2) or more persons, individually and as co-partners of a partnership) pursuant to Articles 11 and 48 (any such partnership and such Persons persons are referred to in this Article 29 Section as "Partnership Tenant"), the following provisions of this Section shall apply: apply to such Partnership Tenant; (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization); several, individually and as a partner, and (ii) each of the Partners persons comprising Partnership Tenant, whether or not such person shall be one of the persons comprising Tenant at the time in question, hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; , and by any notices, demands, requests or other communications which may hereafter be given, by Partnership Tenant or by any of the persons comprising Partnership Tenant, and (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the persons comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such persons and shall be binding upon Partnership Tenant and all such persons, and (iv) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed, and shall be liable for such performance, together with all other partners, jointly or severally, individually and as a partner, and (v) if any partners shall leave Partnership Tenant, all of such departing partners shall nevertheless remain liable for performance of all the terms, covenants, and conditions of this Lease on Tenant's part to be observed and performed and shall continue to be liable for such performance, together with all currently admitted partners, jointly or severally, individually and as a partner, and (subject to the inherent limitations of liability in such business organization; (vvi) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall so assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (iv) of this Section 29.1Section); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Office Lease (Ibah Inc)

PARTNERSHIP TENANT. Section 28.01. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership or professional corporation or limited liability company (or is comprised of two (2) or more Personspersons, individually or and as co-partners of a partnership or shareholders of a professional corporation or members of a limited liability company) or if Tenant's interest in this Lease shall be assigned to a partnership or professional corporation or limited liability company (or to two (2) or more persons, individually and as co-partners of a partnership or shareholders of a professional corporation or members of a limited liability company) pursuant to Article 11 (any such partnership partnership, professional corporation, limited liability company and such Persons persons are referred to in this Article 29 Section as "Partnership ----------- Tenant"), the following provisions of this Section shall apply: apply to such Partnership Tenant: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject several, individually and as a partner or shareholder or member, with respect to all obligations of the inherent limitations Tenant under this Lease whether or not such obligations arose prior to, during, or after any period when any party comprising Partnership Tenant was a member or shareholder of liability of such business organization); Partnership Tenant, and (ii) each of the Partners persons comprising Partnership Tenant, whether or not such person shall be one of the persons comprising Tenant at the time in question, hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; Owner, and by any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the persons comprising Partnership Tenant, and (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the persons comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such persons and shall be binding upon Partnership Tenant and all such persons, and (iv) if Partnership Tenant shall admit new Partnerspartners or shareholders or members, all of such new Partners partners or shareholders or members, as the case may be, shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject performed, and shall be liable for such performance, together with all other parties, jointly or severally, individually and as a partner or shareholder or member, whether or not the obligation to the inherent limitations comply with such terms, covenants or conditions arose prior to, during or after any period when any party comprising Partnership Tenant was a member or shareholder of liability in such business organization; Partnership Tenant and (v) Partnership Tenant shall give prompt notice to Landlord Owner of the admission of any such new Partnerspartners, and or shareholders, or members, as the case may be, and, upon demand of LandlordOwner, shall cause each such new Partner partner or shareholder or member to execute and deliver to Landlord Owner an agreement agreement, in form and substance satisfactory to LandlordOwner, wherein each such new Partner partner or shareholder or member shall so assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed whether or not the obligation to comply with such terms, covenants or conditions arose prior to, during or after any period when any party comprising Partnership Tenant was a member or shareholder of Partnership Tenant (but neither Landlord’s Owner's failure to request any such agreement nor the failure of any such new Partner partner, shareholder or member to execute or deliver any such agreement to Landlord Owner shall vitiate the provisions of this Section 29.1); and subdivision (viiv) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under other provision of this LeaseSection).

Appears in 1 contract

Samples: Lease Agreement (Bottomline Technologies Inc /De/)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually individually, or as partners joint venturers or as copartners of a partnership) or if Tenant’s interest in this Lease shall be assigned to a partnership (or to two (2) or more persons, individually, or as joint venturers or as copartners of a partnership) pursuant to Section 5.01 hereof (any such partnership and such Persons persons are referred to in this Article 29 Section as “Partnership Tenant”), the following provisions of this Section shall applyapply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several, (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument modifications, termination, discharge or surrender of this Lease which may hereafter be executed made, and by any notices which may hereafter be given, by Partnership Tenant or by any of the Partnersparties comprising Partnership Tenant, which shall modify, extend or discharge this Lease, in whole or in part, or surrender all or any part of the Premises to Landlord; (iiic) any bills, statements, notices, demands, requests or other communications notices given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all parties, (ivd) if Partnership Tenant shall admit new Partnerspartners, all such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions terms of this Lease on Tenant’s part to be observed performed and performed (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions terms of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of clause (d) of this Section 29.1Section); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease (Digitas Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually or as co-partners of a partnership) or if Tenant's interest in this Lease shall be assigned to a partnership (or to two (2) or more persons, individually or as co-partners of a partnership), any such partnership and such Persons are persons being referred to in this Article 29 as “Partnership Tenant”)a "PARTNERSHIP TENANT", the following provisions of this Section shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several, (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord; Landlord or renewing or extending this Lease and by any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant, (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties, (ivd) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed performed, and, upon demand of Landlord, shall confirm such assumption in a writing satisfactory to Landlord, and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and and, upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1Section); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Magnetek Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, is a partnership, or is comprised of two or more Persons, individually or as partners of a partnership (any such partnership and such Persons are referred to in this Article 29 as “Partnership Tenant”), the following shall apply: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (ii) each of the Partners hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant or any of the Partners, which shall modify, extend or discharge this Lease, in whole or in part, or surrender all or any part of the Premises to Landlord; (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of the Partners shall be binding upon Partnership Tenant and all of the Partners; (iv) if Partnership Tenant shall admit new Partners, all new Partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (subject to the inherent limitations of liability in such business organizationperformed; (v) Partnership Tenant shall give prompt notice to Landlord of the admission of any new Partners, and upon demand of Landlord, shall cause each new Partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any new Partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner Partner, shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease. Landlord agrees that so long as Tenant is a limited liability company and not a partnership, the provisions of this Section 29.1 shall not apply to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Pzena Investment Management, Inc.)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two [2] or more Personspersons, individually or and as co-partners of a partnership), or if Tenant’s interest in this Lease shall be assigned to a partnership (or to two [2] or more persons, individually and as co-partners of a partnership) pursuant to Article 48 (any such partnership and such Persons persons are referred to in this Article 29 as “Partnership Tenant”), the following provisions of this Article shall apply: apply to such Partnership Tenant: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization); several, and (ii) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by the Partnership Tenant Tenant, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord; , and by any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant, and (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant and all such parties shall be binding upon Partnership Tenant and all such parties, and (iv) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (subject to the inherent limitations of liability in such business organization; performed, and (v) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (iv) of this Section 29.1Article); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Office Lease (PCI Media, Inc.)

PARTNERSHIP TENANT. If Tenant, Tenant is a partnership (including a limited liability partnership) or a permitted assignee of this Lease pursuant to Article 16, is limited liability company or a partnership, professional corporation (or is comprised of two (2) or more Persons, individually or as co-partners of a partnership (including a limited liability partnership), as members of a limited liability company or as shareholders of a professional corporation) or if Tenant’s interest in this Lease shall be assigned to a partnership (including a limited liability partnership) a limited liability company or a professional corporation (or to two (2) or more Persons, individually or as co-partners of a partnership, as members of a limited liability company or shareholders of a professional corporation) pursuant to Article 12 (any such partnership partnership, professional corporation and such Persons are referred to in this Article 29 as “Partnership Tenant”), the following provisions shall applyapply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (i) any written instrument which that may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend modifying, extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (ii) any notices, demands, requests or other communications that may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners, all shareholders or members, as the case may be, Partnership Tenant shall give Landlord notice of such event not later than ten (10) Business Days prior to the admission of such partner(s), shareholder(s) or member(s) together with an assumption agreement in form and substance satisfactory to Landlord pursuant to which each of such new Partners partners, shareholders or members, as the case may be, shall, by their admission to Partnership Tenant, agree to assume joint and several liability for the performance of all of the terms, covenants and conditions of this Lease (as the same may have been or thereafter be amended) on Tenant’s part to be observed and performed; it being expressly understood and agreed that each such new partner, shareholder or member (as the case may be) shall be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to (as the same may have been or thereafter be observed and performed (subject to the inherent limitations of liability in amended), whether or not such business organization; (v) Partnership Tenant new partner, shareholder or member shall give prompt notice to Landlord of the admission of any new Partnershave executed such assumption agreement, and upon demand of Landlord, shall cause each new Partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on that neither Tenant’s part to be observed and performed (but neither Landlord’s failure to request any deliver such assumption agreement nor the failure of any such new Partner partner, member or shareholder, as the case may be, to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1Clause (d) of this Article 29); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Travelzoo Inc)

PARTNERSHIP TENANT. If TenantTenant is a partnership (including, without limitation, a limited liability partnership) or a permitted assignee of this Lease pursuant to Article 16, is limited liability company or a partnership, professional corporation (or is comprised of two (2) or more Persons, individually or as partners copartners of a partnership (including, without limitation a limited liability partnership), as members of a limited liability company or as shareholders of a professional corporation) or if Tenant's interest in this Lease shall be assigned to a partnership (including, without limitation, a limited liability partnership) a limited liability company or a professional corporation (or to two (2) or more Persons, individually or as co-partners of a partnership, as members of a limited liability company or shareholders of a professional corporation) pursuant to Article 12 hereof (any such partnership partnership, professional corporation and such Persons are referred to in this Article 29 as “Partnership Tenant”"PARTNERSHIP TENANT"), the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (x) any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend modifying, extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (y) any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners, all shareholders or members, as the case may be, Partnership Tenant shall give Landlord notice of such event not later than ten (10) Business Days prior to the admission of such partner(s), shareholder(s) or member(s) together with an assumption agreement in form and substance satisfactory to Landlord pursuant to which each of such new Partners partners, shareholders or members, as the case may be, shall, by their admission to Partnership Tenant, agree to assume joint and several liability for the performance of all of the terms, covenants and conditions of this Lease (as the same may have been or thereafter be amended) on Tenant's part to be observed and performed; it being expressly understood and agreed that each such new partner, shareholder or member (as the case may be) shall be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to (as the same may have been or thereafter be observed and performed (subject to the inherent limitations of liability in amended), whether or not such business organization; (v) Partnership Tenant new partner, shareholder or member shall give prompt notice to Landlord of the admission of any new Partnershave executed such assumption agreement, and upon demand of Landlord, shall cause each new Partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on that neither Tenant’s part to be observed and performed (but neither Landlord’s 's failure to request any deliver such assumption agreement nor the failure of any such new Partner partner or shareholder, as the case may be, to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1clause (d) of this Article 29); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (NBC Internet Inc)

PARTNERSHIP TENANT. 63.1 If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, joint venture or unincorporated association (or is comprised of two (2) or more Personspersons, individually or and as co-partners of a partnership partnership) or if Tenant's interest in this Lease shall be assigned to a partnership, joint venture or unincorporated association (or to two (2) or more persons, individually and as co-partners of a partnership) pursuant to Articles 11 and 48 (any such partnership and such Persons persons are referred to in this Article 29 Section as "Partnership Tenant"), the following provisions of this Section shall apply: apply to such Partnership Tenant; (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization); several, individually and as a partner, and (ii) each of the Partners persons comprising Partnership Tenant, whether or not such person shall be one of the persons comprising Tenant at the time in question, hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; , and by any notices, demands, requests or other communications which may hereafter be given, by Partnership Tenant or by any of the persons comprising Partnership Tenant and (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the persons comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such persons and shall be binding upon Partnership Tenant and all such persons, and (iv) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject to the inherent limitations of liability in performed, and shall be liable for such business organization; performance, together with all other partners, jointly or severally, individually and as a partner, and (v) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall so assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (iv) of this Section 29.1Section); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Office Lease (American Business Financial Services Inc /De/)

PARTNERSHIP TENANT. 35.1 A. If Tenant, Tenant is a partnership or a permitted assignee of this Lease pursuant to Article 16, is a partnership, professional corporation (or is comprised of two (2) or more Personspersons, individually or as co-partners of a partnership or shareholders of a professional corporation) or if Tenant's interest in this Lease shall be assigned to a partnership or a professional corporation (or to two (2) or more persons, individually or as co-partners of a partnership or shareholders of a professional corporation) pursuant to Article 8 hereof (any such partnership partnership, professional corporation and such Persons persons are referred to in this Article 29 35 as "Partnership Tenant"), the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (for the “Partners”) observance and performance of all the terms, covenants and conditions of this Lease shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (x) any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend modifying, extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (y) any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners or shareholders, as the case may be, all of such new Partners partners or shareholders, as the case may be, shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed performed; and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners or shareholders, as the case by be, and upon demand of Landlord, shall cause each such new Partner partner or shareholder, as the case may be, to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner or shareholder, as the case may be, shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the observance and performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner or shareholder, as the case may be, to execute or deliver any such agreement to Landlord shall vitiate the provisions of clause (d) of this Section 29.1Article 35); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (American Home Mortgage Holdings Inc)

PARTNERSHIP TENANT. Section 28.01. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership or professional corporation or limited liability company (or is comprised of two (2) or more Personspersons, individually or and as co-partners of a partnership or shareholders of a professional corporation or members of a limited liability company) or if Tenant’s interest in this Lease shall be assigned to a partnership or professional corporation or limited liability company (or to two (2) or more persons, individually and as co-partners of a partnership or shareholders of a professional corporation or members of a limited liability company) pursuant to Article 11 (any such partnership partnership, professional corporation, limited liability company and such Persons persons are referred to in this Article 29 Section as “Partnership Tenant”), the following provisions of this Section shall apply: apply to such Partnership Tenant: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject several, individually and as a partner or shareholder or member, with respect to all obligations of the inherent limitations Tenant under this Lease whether or not such obligations arose prior to, during, or after any period when any party comprising Partnership Tenant was a member or shareholder of liability of such business organization); Partnership Tenant, and (ii) each of the Partners persons comprising Partnership Tenant, whether or not such person shall be one of the persons comprising Tenant at the time in question, hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; Owner, and by any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the persons comprising Partnership Tenant, and (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the persons comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such persons and shall be binding upon Partnership Tenant and all such persons, and (iv) if Partnership Tenant shall admit new Partnerspartners or shareholders or members, all of such new Partners partners or shareholders or members, as the case may be, shall, by their admission to Partnership Tenant, be deemed to have assumed joint performance of all of the terms, covenants and several liability conditions of this Lease on Tenant’s part to be observed and performed, and shall be liable for such performance, together with all other parties, jointly or severally, individually and as a partner or shareholder or member, whether or not the obligation to comply with such terms, covenants or conditions arose prior to, during or after any period when any party comprising Partnership Tenant was a partner, member or shareholder of Partnership Tenant and (v) Partnership Tenant shall give prompt notice to Owner of the admission of any such new partners, or shareholders, or members, as the case may be, and, upon demand of Owner, shall cause each such new partner or shareholder or member to execute and deliver to Owner an agreement, in form satisfactory to Owner, wherein each such new partner or shareholder or member shall so assume performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (subject whether or not the obligation to the inherent limitations of liability in comply with such business organization; (v) Partnership Tenant shall give prompt notice to Landlord of the admission of any new Partners, and upon demand of Landlord, shall cause each new Partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and or conditions arose prior to, during or after any period when any party comprising Partnership Tenant was a member or shareholder of this Lease on Tenant’s part to be observed and performed Partnership Tenant (but neither LandlordOwner’s failure to request any such agreement nor the failure of any such new Partner partner, shareholder or member to execute or deliver any such agreement to Landlord Owner shall vitiate the provisions of this Section 29.1); and subdivision (viiv) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under other provision of this LeaseSection).

Appears in 1 contract

Samples: Lease Agreement (3PAR Inc.)

PARTNERSHIP TENANT. Section 29.1. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, or is comprised of two (2) or more Personspersons, individually or as co-partners of a partnership (any such partnership and such Persons persons are referred to in this Article 29 as “Partnership Tenant”), or if Tenant’s interest in this Lease shall be assigned to a Partnership Tenant, the following provisions shall applyapply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (i) any written instrument which agreement that may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (ii) any Notices that may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications Notices given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit admits new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (subject to the inherent limitations of liability in such business organizationperformed; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner shall assume partner assumes joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of clause (d) of this Section 29.1Article 29); and (vif) no change in the Partners any present or future partner of Partnership Tenant resulting from the admission who is no longer a partner of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or at the time of any Partner or former Partner from their default under this Lease shall, nevertheless, remain liable for the obligations of Tenant under this Lease, as if any such partner had been a partner of Partnership Tenant on the date of such default.

Appears in 1 contract

Samples: Lease Agreement (Peloton Interactive, Inc.)

PARTNERSHIP TENANT. If Tenant, Tenant is a partnership or a permitted assignee of this Lease pursuant to Article 16, is a partnership, professional corporation (or is comprised of two (2) or more Persons, individually or as co-partners of a partnership or shareholders of a professional corporation) or if Tenant’s interest in this Lease shall be assigned to a partnership or a professional corporation (or to two (2) or more Persons, individually or as co-partners of a partnership or shareholders of a professional corporation) pursuant to Article 12 hereof (any such partnership partnership, professional corporation and such Persons persons are referred to in this Article 29 as “Partnership Tenant”), the following provisions shall applyapply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (x) any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend modifying, extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (y) any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners or shareholders, as the case may be, all of such new Partners partners or shareholders, as the case may be, shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed performed; and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners or shareholders, as the case may be, and upon demand of Landlord, shall cause each such new Partner partner or shareholder, as the case may be, to execute and deliver to Landlord an agreement in form and substance reasonably satisfactory to LandlordLandlord and Tenant, wherein each such new Partner partner or shareholder, as the case may be, shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the observance and performance of all the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new Partner partner or shareholder, as the case may be, to execute or deliver any such agreement to Landlord shall vitiate the provisions of clause (d) of this Section 29.1Article 29); and (vi) no change in the Partners . For purposes of Partnership Tenant resulting from the admission of this Article 29, a new Partnerpartnership shall include, without limitation, a limited liability partnership or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Leaselimited liability company.

Appears in 1 contract

Samples: Lease Agreement (Learning Tree International Inc)

PARTNERSHIP TENANT. If Tenant, or SECTION 28.01. Owner acknowledges that since Tenant is a permitted assignee corporation the provisions of this Lease pursuant Article shall not apply to Article 16NCI ADVERTISING, INC., Tenant named herein. If Tenant is a partnership, partnership or professional corporation or limited liability company (or is comprised of two (2) or more Personspersons, individually or and as co-partners of a partnership or shareholders of a professional corporation or members of a limited liability company) or if Tenant's interest in this Lease shall be assigned to a partnership or professional corporation or limited liability company (or to two (2) or more persons, individually and as co-partners of a partnership or shareholders of a professional corporation or members of a limited liability company) pursuant to Article 11 (any such partnership partnership, professional corporation, limited liability company and such Persons persons are referred to in this Article 29 Section as "Partnership Tenant"), the following provisions of this Section shall apply: apply to such Partnership Tenant: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject several, individually and as a partner or shareholder or member, with respect to all obligations of the inherent limitations Tenant under this Lease whether or not such obligations arose prior to, during, or after any period when any party comprising Partnership Tenant was a member or shareholder of liability of such business organization); Partnership Tenant, and (ii) each of the Partners persons comprising Partnership Tenant, whether or not such person shall be one of the persons comprising Tenant at the time in question, hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; Owner, and by any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the persons comprising Partnership Tenant, and (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the persons comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such persons and shall be binding upon Partnership Tenant and all such persons, and (iv) if Partnership Tenant shall admit new Partnerspartners or shareholders or members, all of such new Partners partners or shareholders or members, as the case may be, shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject to the inherent limitations of liability in such business organization; performed, and (v) Partnership Tenant shall give prompt notice to Landlord Owner of the admission of any such new Partnerspartners, and or shareholders, or members, as the case may be, and, upon demand of LandlordOwner, shall cause each such new Partner partner or shareholder or member to execute and deliver to Landlord Owner an agreement agreement, in form and substance reasonably satisfactory to LandlordOwner, wherein each such new Partner partner or shareholder r member shall so assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s Owner's failure to request any such agreement nor the failure of any such new Partner partner, shareholder or member to execute or deliver any such agreement to Landlord Owner shall vitiate the provisions of this Section 29.1); and subdivision (viiv) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under other provision of this LeaseSection).

Appears in 1 contract

Samples: Lease Agreement (Nelson Communications Inc)

PARTNERSHIP TENANT. Section 29.01. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually or and as co-partners of a partnership) or if Tenant's interest in this Lease shall be assigned to a partnership (or to two (2) or more persons, individually and as co-partners of a partnership) pursuant to Article 10 (any such partnership and such Persons are persons being referred to in this Article 29 as "Partnership Tenant"), the following provisions of this Section 29.01 shall apply: apply to such Partnership Tenant: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization); several, (ii) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; , and by any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant, (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Partnership Tenant shall be binding upon Partnership Tenant and all such parties, (iv) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject to the inherent limitations of liability in such business organization; performed, (v) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and and, upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance reasonably satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of clause (iv) of this Section 29.129.01); , and (vi) no change in on each anniversary of the Partners of Commencement Date, Partnership Tenant resulting from shall deliver to Landlord a list of the admission names of all partners and their current residential addresses. Section 29.02. If any partner in Tenant is or shall be a new Partnerprofessional corporation, Tenant agrees to cause such professional corporation and each individual shareholder thereof to execute such guaranties and other instruments, agreements or documents as Landlord may reasonably request confirming that such individual shareholder shall have the same obligations and liability under this Lease as such shareholder would have had if he, and not such professional corporation, were a partner in Tenant. Section 29.03. If Tenant is a professional corporation or a partnership, Tenant and each of the partners/shareholders of Tenant hereby waive any requirements of law that may require that Landlord first look to the assets of Tenant for recovery of any monies due hereunder, it being the intention of the parties hereto that Landlord may, at Landlord's election, proceed against the assets of Tenant and/or the assets of the individual partners/shareholders of Tenant, whether simultaneously, or in such order of priority as Landlord may determine in Landlord's sole discretion. The provisions of this Section 29.03 are not intended to mean that Landlord shall have limited or waived its rights to any other available remedies hereunder or under applicable law as to Tenant, including the deathright to look to the assets of Tenant for recovery of any monies due hereunder. Section 29.04. If Tenant is a professional corporation or a partnership, retirement the partners/shareholders of Tenant hereby consent and submit to the jurisdiction of any court of record of New York State located in New York County, or withdrawal of the United States District Court for the Southern District of New York, and agree that service of process in any action or proceeding brought by Landlord may be made upon any or all of the partners/shareholders of Tenant by mailing a Partner copy of the summons to such partner(s)/shareholder(s) either at their respective addresses or at the Demised Premises, by registered or certified mail, return receipt requested. Notwithstanding the foregoing, the residence of any partner/shareholder of Tenant shall release Partnership not be a basis for a choice of venue or for a motion by a partner/shareholder of Tenant for transfer of venue or forum non conveniens pursuant to any Partner rule of common law and/or any applicable state of federal provision or former Partner from their obligations under this Leasestatute, and each partner/shareholder of Tenant and Tenant hereby waives the right to choose venue or to move for transfer of venue or forum non conveniens on the grounds that an individual partner/shareholder of the Tenant resides in a particular jurisdiction.

Appears in 1 contract

Samples: Lease (CTC Communications Corp)

PARTNERSHIP TENANT. Section 29.01. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually or and as co-partners of a partnership) or if Tenants interest in this Lease shall be assigned to a partnership (or to two (2) or more persons, individually and as co-partners of a partnership) pursuant to Article 11 (any such partnership and such Persons persons are referred to in i,. this Article 29 as "Partnership Tenant"), the following provisions of this Article shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several, (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners parities comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises Demised premised to Landlord; , and by any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant, (iiic) any bills, statements, statements notices, demands, requests or other communications given or rendered to partnership Tenant or to any or to any of the parties comprising Partnership Tenant; Tenant shall be binding upon Partnership Tenant and all such parties, (ivd) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed performed, (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, Landlord shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1); subdivision (d) of the Article) and (vif) no change in on each anniversary of the Partners of Commencement Date, Partnership Tenant resulting shall deliver to Landlord a list of the names of all partners and their current residential address. Section 29.02. If any partner in Tenant is a professional corporation, Tenant agrees to cause such professional corporation and each individual shareholder thereof to execute such guaranties and other instruments, agreements or documents Landlord may reasonably request confirming that such individual shareholder shall have the same obligations and liability and liability under this Lease as such shareholder would have had if he, and not such professional corporation, were a partner in Tenant. Section 29.03. Tenant and each of the partners/shareholders of Tenant hereby waive any Requirements of Law that may require that Landlord to first look to the assets of Tenant for recovery of any sums due hereunder if being the intention of the parties hereto that Landlord may, at its election, proceed against the assets of Tenant and/or the assets of the individual partners/shareholders of Tenant, whether simultaneously, or in such order of priority as Landlord may determine in its sole discretion. The provisions of this Article are not intended to mean that Landlord shall have limited or waived its rights to any other available remedies hereunder or under applicable law as to Tenant including the right to look to the assets of Tenant for recovery of any sums do hereunder. Section 29.04. If any partner/shareholder of Tenant shall retire or withdraw from the admission Tenant, such retiring or withdrawing partner/shareholder shall have no liability to Landlord for the breach of a new Partnerany term, covenant or condition contained in this Lease occurring after the death, date of such retirement or withdrawal or for any act or omission of Tenant occurring after the date of such retirement or withdrawal, provided that not less than one-half (1/2) of the number of active partners/shareholders of Tenant as of the Commencement Date (the "Minimum Amount") shall remain following such withdrawal or retirement. If fewer than the Minimum Amount of active partnership/shareholders of Tenant shall remain following such withdrawal or retirement, such or withdrawing partner/shareholder shall (with all other partner/shareholder shall be released from liability arising under this Lease from and after the date there are at least the Minimum Amount of active partners/shareholders of Tenant. Section 29.05. The partners/shareholders of Tenant hereby consent and submit to the jurisdiction of any court of record of New York State located in New York County, or of the United States District Court for the Southern District of New York and agree that service of process in any action or proceeding brought by Landlord may be made upon any or all partners/shareholders by mailing a Partner copy or the summons to such partner(s)/shareholder(s) by mailing a copy or the summons to such partner(s)/shareholder(s) either at their respective addresses or at the Demised Premises, by registered or certified mail, return receipt requested. Notwithstanding the foregoing, the resident of any partner/shareholder of Tenant shall release Partnership not be a basis for a choice of venue or for a motion by a partner/shareholder of Tenant for transfer of venue or forum non conveniens pursuant to any rule of common law and or any Partner applicable state or former Partner from their obligations under this Leasefederal provision or statute, and each partner/shareholder of Tenant and Tenant hereby waives the right to choose venue or to move for transfer of venue or forum non conveniens on the grounds that an individual partner/shareholder of the Tenant resides in a particular jurisdiction.

Appears in 1 contract

Samples: Lease (New Horizons Worldwide Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually and as co-partners in a partnership) or if Tenant’s interest in this lease shall be assigned to a partnership (or to two (2) or more persons individually and as co-partners of a partnership ) pursuant to Article 21 (any such partnership and such Persons are person being referred to in this Article 29 Section as “Partnership Tenant”), the following provisions of this Section shall applyapply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several, and (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument modifications of this lease which may hereafter be executed made and by notices, demands, requests other communications which may hereafter be given, by Partnership Tenant or by any of the Partnersparties comprising Partnership Tenant, which shall modify, extend or discharge this Lease, in whole or in part, or surrender all or any part of the Premises to Landlord; and (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the parties comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties, and (ivd) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s part to be observed and performed performed, and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (d) of this Section 29.1Article); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Accentia Biopharmaceuticals Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of 's interest in this Lease pursuant to Article 16, is lease shall at any time be held by a partnership, or is comprised of by two or more Persons, persons or entities individually or as partners of a partnership (any such partnership and such Persons persons and entities are referred to in this Article 29 Section as "Partnership Tenant"), the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several several; (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners hereby parties comprising Partnership Tenant consents in advance to, and agrees to be bound by, any (i) written instrument which may hereafter thereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Leaselease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; , and (iiiii) notices, demands, requests or other communications which may thereafter be given, by Partnership Tenant or any of the parties comprising Partnership Tenant; (c) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; , or to any of the parties comprising Partnership Tenant, shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners shall, partners shall by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s 's part to be observed and performed performed; and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any each new Partnerspartner, and upon demand of Landlord, shall cause each new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any new Partner such partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1subparagraph); . Landlord shall release from liability hereunder, as to obligations thereafter accruing, retiring partners and (vi) no change in the Partners estates of deceased partners, provided that the aggregate assets of the remaining partners of a Partnership Tenant resulting from shall be sufficient in Landlord's sole judgment to meet Tenant's obligations hereunder. The provisions of this Section shall not be deemed to constitute a consent, by Landlord, to the admission assignment of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under interest in this Leaselease by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Long Distance Direct Holdings Inc)

PARTNERSHIP TENANT. 12.01. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership (or is comprised of two (2) or more Personspersons, individually or and/or as co-partners of a partnership) or if Tenant's interest in this Lease shall be assigned to a partnership (or to two (2) or more persons, individually and/or as co-partners of a partnership) pursuant to this article (any such partnership Partnership and such Persons persons are referred to in this Article 29 section as “Partnership Tenant”"PARTNERSHIP TENANT"), the following provisions of this Section shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons comprising Partnership Tenant (the “Partners”) shall be joint and several several, (subject to the inherent limitations of liability of such business organization); (iib) each of the Partners general partners comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises demised premises to Landlord; Landlord or renewing or extending this Lease and by any notices, demands, requests or other communications which may hereafter be given, by Partnership Tenant or by any of the general partners comprising Partnership Tenant, (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant pursuant to the provisions of this Lease shall be binding upon Partnership Tenant and all such general partners, (ivd) if Partnership Tenant shall admit new Partnersgeneral partners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed and (subject to the inherent limitations of liability in such business organization; (ve) upon request from Landlord, Partnership Tenant shall give prompt notice to Landlord of the admission of any new Partners, and upon demand of Landlord, shall cause each new Partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each new Partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance a list of all the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any new Partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.1); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from partners together with their obligations under this Leasecurrent addresses.

Appears in 1 contract

Samples: Lease Agreement (Investment Technology Group Inc)

PARTNERSHIP TENANT. Section 28.01. If Tenant, or a permitted assignee of this Lease pursuant to Article 16, Tenant is a partnership, partnership or professional corporation or limited liability company (or is comprised of two (2) or more Personspersons, individually or and as co-partners of a partnership or shareholders of a professional corporation or members of a limited liability company) or if Tenant's interest in this Lease shall be assigned to a partnership or professional corporation or limited liability company (or to two (2) or more persons, individually and as co-partners of a partnership or shareholders of a professional corporation or members of a limited liability company) pursuant to Article 11 (any such partnership partnership, professional corporation, limited liability company and such Persons persons are referred to in this Article 29 Section as "Partnership Tenant"), the following provisions of this Section shall apply: apply to such Partnership Tenant: (i) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject several, individually and as a partner or shareholder or member, with respect to all obligations of the inherent limitations Tenant under this Lease whether or not such obligations arose prior to, during, or after any period when any party comprising Partnership Tenant was a member or shareholder of liability of such business organization); Partnership Tenant, and (ii) each of the Partners persons comprising Partnership Tenant, whether or not such person shall be one of the persons comprising Tenant at the time in question, hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant executed, changing, modifying or any of the Partners, which shall modify, extend or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Demised Premises to Landlord; Owner, and by any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the persons comprising Partnership Tenant, and (iii) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant; Tenant or to any of the persons comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such persons and shall be binding upon Partnership Tenant and all such persons, and (iv) if Partnership Tenant shall admit new Partnerspartners or shareholders or members, all of such new Partners partners or shareholders or members, as the case may be, shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (subject performed, and shall be liable for such performance, together with all other parties, jointly or severally, individually and as a partner or shareholder or member, whether or not the obligation to the inherent limitations comply with such terms, covenants or conditions arose prior to, during or after any period when any party comprising Partnership Tenant was a partner, member or shareholder of liability in such business organization; Partnership Tenant and (v) Partnership Tenant shall give prompt notice to Landlord Owner of the admission of any such new Partnerspartners, and or shareholders, or members, as the case may be, and, upon demand of LandlordOwner, shall cause each such new Partner partner or shareholder or member to execute and deliver to Landlord Owner an agreement agreement, in form and substance satisfactory to LandlordOwner, wherein each such new Partner partner or shareholder or member shall so assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed whether or not the obligation to comply with such terms, covenants or conditions arose prior to, during or after any period when any party comprising Partnership Tenant was a member or shareholder of Partnership Tenant (but neither Landlord’s Owner's failure to request any such agreement nor the failure of any such new Partner partner, shareholder or member to execute or deliver any such agreement to Landlord Owner shall vitiate the provisions of this Section 29.1); and subdivision (viiv) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under other provision of this LeaseSection).

Appears in 1 contract

Samples: Lease Agreement (Bion Environmental Technologies Inc)

PARTNERSHIP TENANT. If Tenant, Tenant is a partnership or a permitted assignee of this Lease pursuant to Article 16, is a partnership, professional corporation (or is comprised of two (2) or more Persons, individually or as co-partners of a partnership or shareholders of a professional corporation) or if Tenant's interest in this Lease shall be assigned to a partnership or a professional corporation (or to two (2) or more Persons, individually or as co-partners of a partnership or shareholders of a professional corporation) pursuant to Article 12 hereof (any such partnership partnership, professional corporation and such Persons are referred refereed to in this Article 29 as "Partnership Tenant"), the following provisions shall apply: apply to such Partnership Tenant: (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons parties comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, by (x) any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnerssuccessor entity, which shall modifychanging, extend modifying, extending or discharge discharging this Lease, in whole or in part, or surrender surrendering all or any part of the Premises to Landlord, and (y) any notices, demands, requests or other communications which may hereafter be given by Partnership Tenant or by any of the parties comprising Partnership Tenant; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners or shareholders, as the case may be, all of such new Partners partners or shareholders, as the case may be, shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed performed; and (subject to the inherent limitations of liability in such business organization; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners or shareholders, as the case may be, and upon demand of Landlord, shall cause each such new Partner partner or shareholder, as the case may be, to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner or shareholder, as the case may be, shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the observance and performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner or shareholder, as the case may be, to execute or deliver any such agreement to Landlord shall vitiate the provisions of clause (d) of this Section 29.1Article 29); and (vi) no change in the Partners of Partnership Tenant resulting from the admission of a new Partner, or the death, retirement or withdrawal of a Partner shall release Partnership Tenant or any Partner or former Partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (PSW Technologies Inc)

PARTNERSHIP TENANT. If Tenant, or a permitted assignee of this Lease pursuant to Article 1615 hereof, is a partnership, or is comprised of two or more Personspersons, individually or as co-partners of a partnership (any such partnership and such Persons persons are referred to in this Article 29 as "Partnership Tenant"), the following shall apply: : (ia) the liability of each of the general partners (excluding Persons solely holding interests as limited partners), each of the partners in a limited liability partnership or Persons comprising Partnership Tenant (the “Partners”) shall be joint and several (subject to the inherent limitations of liability of such business organization)several; (iib) each of the Partners parties comprising Partnership Tenant hereby consents in advance to, and agrees to be bound by, any written instrument which may hereafter be executed by Partnership Tenant or any of the Partnersparties comprising Partnership Tenant, which shall modify, extend or discharge this Lease, in whole or in part, or surrender all or any part of the Premises to Landlord; (iiic) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership TenantTenant or to any of such parties shall be binding upon Partnership Tenant and all such parties; (ivd) if Partnership Tenant shall admit new Partnerspartners, all of such new Partners partners shall, by their admission to Partnership Tenant, be deemed to have assumed joint and several liability for the performance of all of the terms, covenants and conditions of this Lease on Tenant’s Tenants part to be observed and performed (subject to the inherent limitations of liability in such business organizationperformed; (ve) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new Partnerspartners, and upon demand of Landlord, shall cause each such new Partner partner to execute and deliver to Landlord an agreement in form and substance satisfactory to Landlord, wherein each such new Partner partner shall assume joint and several liability (subject to the inherent limitations of liability in such business organization) for the performance of all the terms, covenants and conditions of this Lease on Tenant’s 's part to be observed and performed (but neither Landlord’s 's failure to request any such agreement nor the failure of any such new Partner partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of this Section 29.129.1(d)); and (vif) no change in the Partners partners of Partnership Tenant resulting from the admission of a new Partnerpartner, or the death, retirement or withdrawal of a Partner partner shall release Partnership Tenant or any Partner partner or former Partner partner from their obligations under this Lease.

Appears in 1 contract

Samples: Lease (Kasper a S L LTD)

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