Release of Tenant. Tenant shall not be released from this Lease due to school withdrawal or transfer, business transfer, loss of job, marriage, divorce, loss of Cotenants, bad health, or for any other reason, except Tenant (including a Tenant’s spouse) who is a service member on active duty or is called to active duty in the regular or reserve component of the U.S. Armed Forces, Coast Guard, or national Guard, shall have the right to end this Lease early by giving a 30 day written notice, paying all Rent due through the notice date, and providing a copy of the official military orders or written verification signed by the service member’s commanding officer or by providing base housing orders as provided in O.C.G.A. § 44-7-22, if the service member is:
a. Ordered to federal duty for a period of 90 days or longer;
b. Received a permanent change of station order to move at least 35 miles away from the Residence;
c. Is released from active duty after leasing the Residence and must move 35 miles away from the service member’s home of record prior to entering active duty;
d. After the Lease Start Date, the service member becomes eligible to live in government quarters or the failure to move to government quarters will result in a forfeiture of the service member’s basic allowance for housing;
e. Receives temporary duty orders or temporary change of station orders or state active duty orders for a period exceeding 60 days that is at least 35 miles away from the Residence; or
f. Receives orders after the Lease Date but before taking possession of the Residence. Notwithstanding the foregoing, any individual Cotenants shall remain jointly and severally liable following the permitted release of such Cotenant pursuant to the above service member-related permitted release.
Release of Tenant. (a) Subject to compliance with the provisions of clause 4(20)(c) then upon and with effect from completion of a lawful assignment of the whole of the Demised Premises by the person at that time being the Tenant ("the Assignor") to another ("the Assignee") where either the Assignor is a Qualifying Person or the Assignee is a Qualifying Person the Assignor shall cease to have any liability for any future breach or non observance or non performance of the covenants on the part of the Tenant contained in this Lease and any surety of the Assignor shall cease to have any liability for any future breach 44 or non observance or non performance of the covenants on the part of the Tenant contained in this Lease pursuant to any convenants given in any guarantee or agreement between such surety and the Landlord PROVIDED ALWAYS
(i) that the Assignor and any surety of the Assignor shall nevertheless remain liable in respect of any subsisting breach of the said covenants occurring prior to the date of the lawful assignment; and
(ii) that the Assignor and any surety of the Assignor shall enter into a Deed of Guarantee whereby the Assignor and any surety of the Assignor covenants with the Landlord as surety (in the form reasonably acceptable to it) incorporating a standard of obligations similar to those set out in Third Schedule hereto but adapted to suit the circumstances in which the guarantee is given for the period during which the Assignee remains liable as tenant under the terms of this Lease.
(b) If the Assignor and any surety of the Assignor are not released from their respective liabilities by the operation of this clause 6(11) because neither the Assignor or the Assignee is a Qualifying Person then the Assignor and any surety of the Assignor shall in any event cease to have any liability for any future breach or non observance or non performance of the covenants on the part of the Tenant contained in this Lease with effect from the date of the first lawful assignment thereafter by a person at that time being the Tenant to another where either of those persons is a Qualifying Person.
(a) Whenever the Demised Premises are vested in more than one person for the Term every covenant on the part of the Tenant herein contained shall be deemed to be made jointly and severally by those persons
(b) Words importing the masculine gender shall include the feminine gender and words in the singular shall include the plural
(c) The clause headings hereto shall not affect in any...
Release of Tenant. Subject to the conditions subsequent set forth below in this Paragraph 3 and the provisions of this Agreement, including but not limited to Paragraph 9, (a) Landlord agrees to accept the surrender of the Lease and the Premises from and after the Effective Termination Date, and (b) effective as of the Effective Termination Date, Landlord waives, and releases and discharges Tenant and its past and present partners and affiliates, and their respective past and present trustees, members, principals, beneficiaries, shareholders, beneficial owners, partners, officers, directors, employees, mortgagee(s), managers, representatives and agents, and their respective successors and assigns (collectively, the “Tenant Parties”) from, any and all claims, demands or causes of action whatsoever, including, without limitation, any and all rights, obligations, liabilities, indebtedness, breaches of contract, breaches of duty or any relationship, acts, omissions, misfeasance, malfeasance, debts, defenses, sums of money, accounts, compensations, contracts, controversies, promises, damages, costs, losses and expenses of every type, kind, nature, description or character, and irrespective of how, why, or by reason of what facts, whether heretofore or now existing, or that could, might, or may be claimed to exist, of whatever kind or name, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, claimed or unclaimed, whether based on contract, tort, breach of any duty, or other legal or equitable theory of recovery, each as though fully set forth herein at length, arising or accruing out of or in connection with the Premises or the Lease. Notwithstanding the foregoing, nothing contained herein shall release the Tenant Parties from their respective obligations and agreements under this Agreement. Notwithstanding the foregoing, nothing contained herein shall release Tenant from its obligations under this Agreement.
Release of Tenant. No transfer permitted by this Article Nine, whether with or without Landlord’s consent or any assumption of Tenant’s obligation under this Lease, including without limitation any transfer under Section 9.02, shall release Tenant or any guarantor or change Tenant’s primary liability to pay the Rent and to perform all other obligations of Tenant under this Lease. Landlord’s acceptance of Rent from any other party is not a waiver of any provision of this Article Nine. Consent to one transfer is not a consent to any subsequent transfer. If Tenant’s transferee defaults under this Lease, Landlord may proceed directly against Tenant without pursuing remedies against the transferee. Landlord shall not consent to subsequent assignments, subleases, transfers, or modifications of this Lease by Tenant’s transferee, without Tenant’s approval, to be given or denied in Tenant’s sole and absolute discretion.
Release of Tenant. Unless Landlord has given written release, Tenant will not be released from this Lease Contract for any reason, including but not limited to voluntary or involuntary school withdrawal or transfer, voluntary or involuntary business transfer, marriage, loss of employment or bad health.
Release of Tenant. If, in connection with an assignment by Tenant of its interests in this Lease, (1) the Issuer and the owners of Ninety percent (90%) in aggregate principal amount of the Outstanding Bonds (including any Additional Bonds) shall file with the Trustee and the Original Purchaser their prior written consent to such assignment, and (2) the proposed assignee shall expressly assume and agree to perform all of the obligations of Tenant under this Lease; then and in such event Tenant shall be fully released from all obligations accruing hereunder after the date of such assignment.
Release of Tenant. If, in the event, Tenant is or becomes a member of the armed forces of the United States on extended active duty and receives change of duty orders to depart the local area, then Tenant may terminate this agreement by giving 30 days written notice, provided Tenant is not otherwise in default. In such event, Tenant agrees to furnish Landlord, upon request, a certified copy of the official orders warranting termination of the lease. Orders authorizing base housing do not constitute change of duty orders hereunder. Tenant shall have no other rights of release hereunder.
Release of Tenant. Landlord hereby agrees that Tenant and Xxxxxx’s Affiliates shall not be liable to Landlord and hereby releases Tenant and Tenant’s Affiliates for all liability to Landlord, for injury to any person (including bodily damage or death) or damage to any property (including real or personal property, whether by theft or any other casualty) happening in any manner in or on the Premises, the Building or the Common Areas from any cause whatsoever prior to the Term Commencement (excluding any fixturing period) or subsequent to the Expiration Date, excluding those items covered under Section 9 of Part II of this Lease, unless caused by the gross negligence or willful misconduct of Tenant or Xxxxxx’s Affiliates, but neither Tenant nor Xxxxxx’s Affiliates shall be liable to Landlord for any such damage or loss to the extent that Landlord is compensated therefor by Landlord’s insurance. In no event, however, shall Tenant or Xxxxxx’s Affiliates be liable for consequential damages or for any loss or damage caused by or attributable to other tenants. Xxxxxxxx agrees to the foregoing and makes the foregoing release on behalf of Landlord and any party claiming a right or interest through Landlord, including without limitation Landlord’s agents, contractors, subcontractors, employees, licensees or invitees (collectively, “Landlord’s Agents”).
Release of Tenant. Landlord hereby releases Tenant from any and all claims, demands, debts, liabilities, and causes of action of whatever kind or nature, whether known or unknown or suspected or unsuspected which Landlord may have, claim to have, or which may hereafter accrue against Tenant, arising out of or relating to or in any way connected with the Pre-Existing Environmental Condition, except to the extent related to Tenant Environmental Activity. In connection with such release, Landlord hereby waives any and all rights conferred upon it by the provisions of Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” or by the provisions of any similar statute.
Release of Tenant. Should Landlord provide its consent pursuant to Section 11(a), or in the event of an assignment or subletting pursuant to Section 11(b), Tenant shall not be relieved of any obligations hereunder including the financial obligation.
