Common use of Restricted Assignment Clause in Contracts

Restricted Assignment. Tenant shall not assign, mortgage, pledge or encumber this lease, or sublet the whole or any part of the Premises, without the prior written consent of Landlord which consent shall not be unreasonably 062113 withheld, conditioned or delayed. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law, and/or a transfer by any person or persons controlling Tenant on the date of the lease of such control to a person or persons not controlling Tenant on the date of the lease. In the event of any assignment of this Lease made with or without Landlord’s consent, Tenant nevertheless shall remain liable for the performance of all of the terms, conditions and covenants of this Lease and shall require any assignee to execute and deliver to Landlord an assumption of liability agreement in form satisfactory to Landlord including an assumption by the assignee of all of the obligations of Tenant and the assignee’s ratification of and agreement to be bound by all the provisions of this Lease. Landlord shall be entitled to, and Tenant shall promptly remit to Landlord, 50% of any profit which may inure to the benefit of Tenant as a result of any subletting of the Premises or assignment after deduction of any expenses related to assignment of this Lease.

Appears in 2 contracts

Samples: Term Commencement Agreement, Agreement of Lease (Faro Technologies Inc)

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Restricted Assignment. Tenant shall not assign, mortgage, pledge or encumber this lease, or sublet the whole or any part of the Premises, without the prior written consent of Landlord which consent shall not be unreasonably 062113 withheld, conditioned or delayed. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law, and/or a transfer by any person or persons controlling Tenant on the date of the lease of such control to a person or persons not controlling Tenant on the date of the lease. In the event of any assignment of this Lease made with or without Landlord’s consent, Tenant nevertheless shall remain liable for the performance of all of the terms, conditions and covenants of this Lease and shall require any assignee to execute and deliver to Landlord an assumption of liability agreement in form satisfactory to Landlord including an assumption by the assignee of all of the obligations of Tenant and the assignee’s ratification of and agreement to be bound by all the provisions of this Lease. Landlord shall be entitled to, and Tenant shall promptly remit to Landlord, 50% of any profit which may inure to the benefit of Tenant as a result of any subletting of the Premises or assignment after deduction of any expenses related to assignment of this Lease.

Appears in 1 contract

Samples: Agreement of Lease (Faro Technologies Inc)

Restricted Assignment. Tenant shall not assign, mortgage, pledge or encumber this lease, or sublet the whole or any part of the Premises, without the prior written consent of Landlord which consent shall not be unreasonably 062113 withheld, conditioned withheld or delayed. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law, and/or a transfer by any person or persons controlling Tenant on the date of the lease of such control to a person or persons not controlling Tenant on the date of the lease. In the event of any assignment of this Lease lease made with or without Landlord’s 's consent, Tenant nevertheless shall remain liable for the performance of all of the terms, conditions and covenants of this Lease lease and shall require any assignee to execute and deliver to Landlord an assumption of liability agreement in form satisfactory to Landlord Landlord, including an assumption by the assignee of all of the obligations of Tenant and the assignee’s 's ratification of and agreement to be bound by all the provisions of this Leaselease. Landlord shall be entitled to, and Tenant shall promptly remit to Landlord, 50% of agree that any profit which may inure to the benefit of Tenant as a result of any subletting of the Premises or assignment after deduction of any expenses related to assignment of this Leaselease, whether or not consented to by Landlord, shall be divided equally between Landlord and Tenant.

Appears in 1 contract

Samples: Agreement of Lease (McNaughton Apparel Group Inc)

Restricted Assignment. Tenant shall not assign, mortgage, pledge or encumber this lease, or sublet the whole or any part of the Premises, without the prior written consent of Landlord which consent shall not be unreasonably 062113 withheld, conditioned or delayed. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law, and/or a transfer by any person or persons controlling Tenant on the date of the lease of such control to a person or persons not controlling Tenant on the date of the lease. In the event of any assignment of this Lease lease made with or without Landlord’s 's consent, Tenant nevertheless shall remain liable for the performance of all of the terms, conditions and covenants of this Lease lease and shall require any assignee to execute and deliver to Landlord an assumption of liability agreement in form satisfactory to Landlord Landlord, including an assumption by the assignee of all of the obligations of Tenant and the assignee’s 's ratification of and agreement to be bound by all the provisions of this Leaselease. Landlord shall be entitled to, and Tenant shall promptly remit to Landlord, 50% of any profit which may inure to the benefit of Tenant as a result of any subletting of the Premises or assignment after deduction of any expenses related to assignment of this Leaselease, whether or not consented to by Landlord.

Appears in 1 contract

Samples: Agreement of Lease (Pennsylvania Physician Healthcare Plan Inc)

Restricted Assignment. Tenant shall not assign, mortgage, pledge or encumber this lease, or sublet the whole or any part of the Premises, without the prior written consent of Landlord which consent shall not be unreasonably 062113 withheld, conditioned or delayed. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law, and/or a transfer by any person or persons controlling Tenant on the date of the lease of such control to a person or persons not controlling Tenant on the date of the lease. In the event of any assignment of this Lease lease made with or without Landlord’s 's consent, Tenant nevertheless shall remain liable for the performance of all of the terms, conditions and covenants of this Lease lease and shall require any assignee to execute and deliver to Landlord an assumption of liability agreement in form satisfactory to Landlord Landlord, including an assumption by the assignee of all of the obligations of Tenant and the assignee’s assignees ratification of and agreement to be bound by all the provisions of this Leaselease. Landlord shall be entitled to, and Tenant shall promptly remit to LandlordLandlord 50%, 50% of any profit which may tray inure to the benefit of Tenant as a result of any subletting of the Premises or assignment after deduction of any expenses related to assignment of this Leaselease, whereby not consented to by Landlords. See continuation of Article 21(a) attached hereto.

Appears in 1 contract

Samples: Agreement of Lease (Systems & Computer Technology Corp)

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Restricted Assignment. Tenant shall not assign, mortgage, pledge or encumber this lease, or sublet the whole or any part of the Premises, without the prior written consent of Landlord which consent shall not be unreasonably 062113 withheld, conditioned withheld or delayed. This prohibition against assigning or subletting shall not be construed to include a prohibition against any assignment or subletting by operation of law, law (except in bankruptcy or similar proceedings) and/or a transfer by any person or persons controlling Tenant on the date of the lease of such control to a person or persons not controlling Tenant on the date of the lease. In the event of any assignment of this Lease lease made with or without Landlord’s 's consent, Tenant nevertheless shall remain liable for the performance of all of the terms, conditions and covenants of this Lease lease and shall require any assignee to execute and deliver to Landlord an assumption of liability agreement in form satisfactory to Landlord Landlord, including an assumption by the assignee of all of the obligations of Tenant and the assignee’s 's ratification of and agreement to be bound by all the provisions of this Leaselease. Landlord shall be entitled to, and Tenant shall promptly remit to Landlord, 50% Landlord 50 percent of any profit which may inure to the benefit of Tenant as a result of any subletting of the Premises or assignment after deduction of any expenses related to assignment of this Leaselease, whether or not consented to by Landlord.

Appears in 1 contract

Samples: Agreement of Lease (Leslies Poolmart Inc)

Restricted Assignment. Tenant shall not assign, mortgage, pledge or encumber this lease, or sublet the whole or any part of the Premises, without the prior written consent of Landlord which consent shall not be unreasonably 062113 withheld, conditioned or delayed. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law, and/or a transfer by any person or persons controlling Tenant on the date of the lease of such control to a person or persons not controlling Tenant on the date of the lease. In the event of any assignment of this Lease lease made with or without Landlord’s 's consent, Tenant nevertheless shall remain liable for the performance of all of the terms, conditions and covenants of this Lease lease and shall require any assignee to execute and deliver to Landlord an assumption of liability agreement in form satisfactory to Landlord Landlord, including an assumption by the assignee of all of the obligations obligation of Tenant and the assignee’s 's ratification of and agreement to be bound by all the provisions of this Leaselease. Landlord shall be entitled to, and Tenant shall promptly remit to Landlord, 50% of any profit which may inure to the benefit of Tenant as a result of any subletting of the Premises or assignment after deduction of any expenses related to assignment of this Leaselease, whether or not consented to be Landlord.

Appears in 1 contract

Samples: 4 Agreement (Analytical Graphics Inc)

Restricted Assignment. Tenant shall not assign, mortgage, pledge or encumber this lease, or sublet the whole or any part of or the Premises, without the prior written consent of Landlord which consent shall not be unreasonably 062113 withheld, conditioned or delayed. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law, and/or a transfer by any person or persons controlling Tenant on the date of the lease of such control to a person or persons not controlling Tenant on the date of the lease. In the event of any assignment of this Lease lease made with or without Landlord’s 's consent, Tenant nevertheless shall remain liable for the performance of all of the terms, conditions and covenants of this Lease lease and shall require any assignee to execute and deliver to Landlord an assumption of liability agreement in form satisfactory to Landlord including Landlord, Including an assumption by the assignee of all of the obligations of Tenant and the assignee’s 's ratification of and agreement to be bound by all the provisions of this Leaselease. Landlord shall be entitled to, and Tenant shall promptly remit to Landlord, 50% of any profit which may may' inure to the benefit of Tenant as a result of any subletting of the Premises or assignment after deduction of any expenses related to assignment of this Leaselease, whether or not consented to by Landlord.

Appears in 1 contract

Samples: Agreement of Lease (Iomega Corp)

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