Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 13, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Building as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below).
Appears in 3 contracts
Samples: Pharmacopeia Inc, Pharmacopeia Inc, Pharmacopeia Inc
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building Premises or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's ’s rights under this Article 1311, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's ’s interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's ’s consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's ’s obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant’s assignee, or any receiver for Tenant appointed on Landlord's ’s application, may collect such rent and apply it toward Tenant's ’s obligations under this Lease; except that, until the occurrence and during the continuance of an act event of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c11.2(c), below).
Appears in 3 contracts
Samples: Lease (Foxhollow Technologies, Inc.), Lease (Foxhollow Technologies, Inc.), Support.com, Inc.
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building Premises or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's ’s rights under this Article 1311, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's ’s interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's ’s consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's ’s obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant’s assignee, or any receiver for Tenant appointed on Landlord's ’s application, may collect such rent and apply it toward Tenant's ’s obligations under this Lease; except that, until the occurrence and during the continuance of an act event of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c11.2(c), below).,
Appears in 3 contracts
Samples: Office Lease (OncoMed Pharmaceuticals Inc), Animal Care Agreement (OncoMed Pharmaceuticals Inc), Lease (OncoMed Pharmaceuticals Inc)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building Premises or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 13, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below).
Appears in 3 contracts
Samples: Collaboration and Facilities Agreement (Cytokinetics Inc), Collaboration and Facilities Agreement (Cytokinetics Inc), Cor Therapeutics Inc / De
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building Property or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's ’s rights under this Article 1315, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's ’s interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's ’s consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's ’s obligations under this Lease, all rent from any subletting of all or a part of the Building Property as permitted under this Lease, and Landlord, as Tenant's ’s assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's ’s application, may collect such rent and apply it toward Tenant's ’s obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below)profits.
Appears in 2 contracts
Samples: Sublease (Five Prime Therapeutics Inc), Sublease (Five Prime Therapeutics Inc)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building Premises or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's ’s rights under this Article 13, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's ’s interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's ’s consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, . Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's ’s obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's ’s assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's ’s application, may collect such rent and apply it toward Tenant's ’s obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below).
Appears in 2 contracts
Samples: Asset Purchase Agreement (Portola Pharmaceuticals Inc), Asset Purchase Agreement (Portola Pharmaceuticals Inc)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building Premises or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's ’s rights under this Article 1311, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's ’s interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's ’s consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's ’s obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's ’s assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's ’s application, may collect such rent and apply it toward Tenant's ’s obligations under this Lease; except that, until the occurrence and during the continuance of an act event of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c11.2(c), below).
Appears in 2 contracts
Samples: Lease Agreement, Lease (Complete Genomics Inc)
Rights of Landlord. (a) Consent by If Landlord consents to one or more assignments a Transfer, (i) the terms and conditions of this LeaseLease shall in no way be deemed to have been waived or modified, or to one or more sublettings of the Building or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, (ii) such consent shall not operate to exhaust Landlord's rights under this Article 13, nor constitute be deemed consent to any subsequent further Transfer by either Tenant or a Transferee, (iii) Tenant shall deliver to Landlord, promptly after execution, copies of all Transfer documentation or portions thereof evidencing or directly pertaining to the assignment and assumption of obligations under this Lease (to the extent copies of the applicable signed documentation have not previously been delivered to Landlord pursuant to Section 11.1 above or subletting. No assignment otherwise), (iv) Tenant shall furnish upon Landlord’s request a complete statement, certified by an independent certified public accountant or by Tenant’s chief financial officer, setting forth in detail the computation of Tenant's interest in any Transfer Premium (as defined below) Tenant has derived and shall derive from such Transfer, and (v) no Transfer relating to this Lease and no sublease agreement entered into with respect thereto, whether with or without Landlord’s consent, shall relieve or release Tenant or any guarantor of its obligations hereunderthis Lease from any liability under this Lease, including, without limitation, any such liability in connection with the Subject Space, notwithstanding any waiver or extension of time granted by Landlord to any assignee Transferee or sublessee, or the any failure of Landlord to assert its rights against any assignee or sublesseeTransferee. Landlord and its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Building as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent make copies thereof. If the Transfer Premium respecting any Transfer shall be found to have been understated, Tenant shall, within thirty (30) days after demand, pay the deficiency, and to retain all sublease profits if understated by more than five percent (subject to the provisions of Section 13.2(c5%), below)Tenant shall pay Landlord’s costs of such audit.
Appears in 2 contracts
Samples: Lease (Five Prime Therapeutics Inc), Lease (Five Prime Therapeutics Inc)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the any Building or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's ’s rights under this Article 1315, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's ’s interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's ’s consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's ’s obligations under this Lease, all rent from any subletting of all or a part of the any Building as permitted under this Lease, and Landlord, as Tenant's ’s assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's ’s application, may collect such rent and apply it toward Tenant's ’s obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below)profits.
Appears in 2 contracts
Samples: Sub Sublease (Assembly Biosciences, Inc.), Sublease (NGM Biopharmaceuticals Inc)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building Premises or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's ’s rights under this Article 1311, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's ’s interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's ’s consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's ’s obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's ’s assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's ’s application, may collect such rent and apply it toward Tenant's ’s obligations under this Lease; except that, until the occurrence (and then only during the continuance) of an act event of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c11.2(c), below).
Appears in 2 contracts
Samples: Lease (Linkedin Corp), Lease (OMNICELL, Inc)
Rights of Landlord. If this Lease is assigned, or if the Premises (aor any part thereof) Consent are sublet or used or occupied by Landlord to one anyone other than Tenant, whether or more assignments not in violation of this Lease, Landlord or Agent may (without prejudice to, or waiver of its rights), collect rent from the assignee, subtenant or occupant. Landlord or Agent may apply the net amount collected to one the Base Rent and Additional Rent herein reserved, but no such assignment, subletting, occupancy or more sublettings collection shall be deemed a waiver of any of the Building provisions of this Article 8 or any portion thereofthe acceptance of the assignee, subtenant or occupant as a successor tenant, or collection a release of rent by Landlord Tenant from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 13, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant the performance of its obligations hereunder. Tenant covenants that, notwithstanding any waiver assignment or extension transfer, and notwithstanding the acceptance of time granted Base Rent and/or Additional Rent by Landlord to any assignee or sublesseeAgent from an assignee, transferee, or any other party, it shall remain fully liable for the failure payment of Landlord the Base Rent and Additional Rent and for the other obligations of this Lease to assert its rights against be performed or observed by Tenant. With respect to the allocable portion of the Premises sublet, in the event that the total rent and any assignee other considerations (whether cash or sublessee, non-cash) received under any sublease by Tenant is greater than the total Base Rent and regardless of whether Landlord's consent thereto is given or Additional Rent required to be given hereunder. In the event of a default by any assigneepaid, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant from time to time, under this Lease, Landlord may proceed directly against Tenant without the necessity shall pay to Agent one hundred percent (100%) of exhausting remedies against such excess as received from any subtenant and such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations amount shall be deemed a component of Additional Rent under this Lease. Notwithstanding anything to the contrary herein, all rent from any subletting of all or a part of the Building as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of this Section 13.2(c), below)8.2 shall not apply to the sublease contemplated by the last sentence of Section 8.1.
Appears in 2 contracts
Samples: Sublease Agreement (United Industries Corp), Disturbance and Attornment Agreement (United Industries Corp)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building Premises or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's ’s rights under this Article 13, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's ’s interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's ’s consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's ’s obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's ’s assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's ’s application, may collect such rent and apply it toward Tenant's ’s obligations under this Lease; except that, until the occurrence and during the continuance of an act event of default by TenantTenant beyond any applicable cure period, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below).
Appears in 2 contracts
Samples: Lease (Portola Pharmaceuticals Inc), Lease (Portola Pharmaceuticals Inc)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building or any portion thereofPremises, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 1311, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenantassignee, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act Event of default by TenantDefault as defined in Section 14.1 hereof, Tenant shall have the irrevocable right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), 11.2(b) and (c) below).
Appears in 1 contract
Samples: Lease (Appliedtheory Corp)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building Premises or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's ’s rights under this Article 1311, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's ’s interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's ’s consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's ’s obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant’s assignee, or any receiver for Tenant appointed on Landlord's ’s application, may collect such rent and apply it toward Tenant's ’s obligations under this Lease; except that, until the occurrence and during the continuance of an act event of default by Tenant, . Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c11.2(c), below).
Appears in 1 contract
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's ’s rights under this Article 1311, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's ’s interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's ’s consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's ’s obligations under this Lease, all rent from any subletting of all or a part of the Building as permitted under this Lease, and Landlord, as Tenant's ’s assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's ’s application, may collect such rent and apply it toward Tenant's ’s obligations under this Lease; except that, until the occurrence of an act of default by TenantTenant which remains uncured following the expiration of any applicable cure period, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c11.2(c), below).
Appears in 1 contract
Samples: Lease (Macrogenics Inc)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Initial Building or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 1315, nor constitute consent to any subsequent assignment or subletting. No assignment of TenantXxxxxx's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant Xxxxxx in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a any part of the Initial Building as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by TenantTenant which continues beyond any applicable cure period, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below)rent.
Appears in 1 contract
Samples: Sugen Inc
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building or any portion thereofPremises, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's ’s rights under this Article 1311, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's ’s interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's ’s consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's ’s obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's ’s assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's ’s application, may collect such rent and apply it toward Tenant's ’s obligations under this Lease; except that, until the occurrence of an act of default by Tenant, that Tenant shall have the right to collect such rent and to retain all sublease profits (subject to until the provisions occurrence of Section 13.2(c), below)a default which has not been cured in the applicable cure period.
Appears in 1 contract
Samples: Lease (Acologix, Inc.)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building or any portion thereofPremises, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 1310, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver receiver, for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, that until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below)rent.
Appears in 1 contract
Samples: Pain Therapeutics Inc
Rights of Landlord. (a) Consent by Landlord to one or more assignments of ------------------ this Lease, or to one or more sublettings of the Building Property or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 1315, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Building Property as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-attorney- in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below)profits.
Appears in 1 contract
Samples: Tularik Inc
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building or any portion thereofPremises, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 13, nor ??? or constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below)rent.
Appears in 1 contract
Samples: Lease (Ribogene Inc / Ca/)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building Premises or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's ’s rights under this Article 1312, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's ’s interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's ’s consent thereto is given or required to be given hereunder. In the event of a default beyond the applicable notice and cure period by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's ’s obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant’s assignee, or any receiver for Tenant appointed on Landlord's ’s application, may collect such rent and apply it toward Tenant's ’s obligations under this Lease; except that, until the occurrence of an act of default by TenantTenant beyond the applicable notice and cure period, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c12.2(c), below).
Appears in 1 contract
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building or any portion thereofPremises, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 1311, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below)rent.
Appears in 1 contract
Samples: Lease (Ribogene Inc / Ca/)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the any Building or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 1315, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the any Building as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below)profits.
Appears in 1 contract
Samples: Sublease (Prothena Corp PLC)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's ’s rights under this Article 13, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's ’s interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's ’s consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's ’s obligations under this Lease, all rent from any subletting of all or a part of the Building as permitted under this Lease, and Landlord, as Tenant's ’s assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's ’s application, may collect such rent and apply it toward Tenant's ’s obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below).
Appears in 1 contract
Samples: Lease (Exelixis Inc)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of ------------------ this Lease, or to one or more sublettings of the Building Property or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 1315, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Building Property as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below)profits.
Appears in 1 contract
Samples: Suit Lease (Tularik Inc)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building Buildings or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 13, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Building Buildings as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-attorney- in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below).
Appears in 1 contract
Samples: Exelixis Inc
Rights of Landlord. (a) Consent by Landlord to one or more assignments ------------------ of this Lease, Lease or to one or more sublettings of the Building or any portion thereofPremises, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 1311, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-attorney- in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below)rent.
Appears in 1 contract
Samples: Documentum Inc
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building Premises or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's ’s rights under this Article 13, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's ’s interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's ’s consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's ’s obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's ’s assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's ’s application, may collect such rent and apply it toward Tenant's ’s obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below).
Appears in 1 contract
Samples: Sub Sublease (Cytokinetics Inc)
Rights of Landlord. If this Lease is assigned, or if the Premises (aor any part thereof) Consent are sublet or used or occupied by Landlord to one anyone other than Tenant, whether or more assignments not in violation of this Lease, Landlord or Agent may (without prejudice to, or waiver of its rights), collect Rent from the assignee, subtenant or occupant. Landlord or Agent may apply the net amount collected to one the Rent herein reserved, but no such assignment, subletting, occupancy or more sublettings collection shall be deemed a waiver of any of the Building or any portion thereof, or collection provisions of rent by this SECTION 7. If Landlord from any assignee or sublessee, shall not operate refuses to exhaust Landlord's rights under this Article 13, nor constitute give its consent to any subsequent proposed assignment or subletting, and within five (5) business days after written notice of such refusal to Tenant, Tenant fails to retract its request, Landlord may, at its option, within thirty (30) days after receiving a request to consent, terminate this Lease by giving Tenant thirty (30) days prior written notice of such termination, whereupon each party shall be released from all further obligations and liability hereunder, except those which expressly survive the termination of this Lease. No assignment In the event that Tenant assigns or sublets the Premises or any part thereof, and at any time receives rent and/or other consideration which exceeds that which Tenant would at that time be obligated to pay to Landlord, Tenant shall pay to Landlord, as Additional Rent, 50% of such excess rent and/or other consideration. Tenant agrees to pay Landlord $500.00 upon demand by Landlord to reimburse Landlord for reasonable accounting and attorneys' fees incurred in conjunction with the processing and documentation of any requested assignment, subletting or any other hypothecation of this Lease or Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Building as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below)Premises.
Appears in 1 contract
Rights of Landlord. (a) Consent Notwithstanding anything to the contrary contained in this Article, no assignment, sublease, use or occupancy by Landlord others or other transfer or encumbrance of any of Tenant's interests in the Premises or this Contract shall relieve the original Tenant of any of its obligations or covenants under this Contract, except to one the extent that this Contract is terminated, in whole or more assignments in part, at Landlord's option pursuant to this Article. Tenant covenants that notwithstanding any assignment or other transfer and notwithstanding Landlord's acceptance of rent from any assignee, subtenant, transferee or other party, Tenant shall remain fully liable for the timely payment of all Rent and for the other obligations of this Lease, or to one or more sublettings of the Building or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 13, nor constitute consent to any subsequent assignment or sublettingContract. No assignment or transfer of Tenant's interest this Contract by Tenant consented to by Landlord shall be effective, unless the assignee or transferee shall, at the time of such assignment or transfer, assume all the terms, covenants and conditions of this Contract thereafter to be performed by Tenant and shall agree to be bound thereby. Reference in this Lease Contract to the use or occupancy by others (that is, anyone other than Tenant) shall not be construed as limited to subtenants and no sublease shall relieve those claiming under or through subtenants, but as including also licensees and others claiming under or through Tenant of its obligations hereunderimmediately or remotely. Tenant and any subtenant, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublesseeassignee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns transferee shall certify to Landlord, as security for Tenant's obligations under this Leaseon request in writing the amount received by Tenant from its subtenant, all rent from any subletting of all assignee or a part of the Building as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below).transferee. AR T IC L E X V II - DEFAULT
Appears in 1 contract
Samples: Concession Agreement
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building or any portion thereofPremises, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 1310, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver for Tenant tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, that until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below)rent.
Appears in 1 contract
Samples: Lease (Consumer Net Marketplace Inc)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings subletting of the Building Premises or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 13, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, . Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; , except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below)profits.
Appears in 1 contract
Samples: Cytokinetics Inc
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the any Building or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 1315, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the any Building as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below)profits. 16.
Appears in 1 contract
Samples: Tularik Inc
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building Premises or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's ’s rights under this Article 1311, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's ’s interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's ’s consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's ’s obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's ’s assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's ’s application, may collect such rent and apply it toward Tenant's ’s obligations under this Lease; except that, that until the occurrence (and then only during the continuance) of an act event of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c11.2(c), below).
Appears in 1 contract
Samples: Lease (Alexza Pharmaceuticals Inc.)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building Premises or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 1311, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Building Premises as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below)rent.
Appears in 1 contract
Samples: Probusiness Services Inc
Rights of Landlord. (a) a Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building either or both Buildings or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 13, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Building either or both Buildings as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below).
Appears in 1 contract
Samples: Rigel Pharmaceuticals Inc
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building Buildings or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's ’s rights under this Article 13, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's ’s interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's ’s consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's ’s obligations under this Lease, all rent from any subletting of all or a part of the Building Buildings as permitted under this Lease, and Landlord, as Tenant's ’s assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's ’s application, may collect such rent and apply it toward Tenant's ’s obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below).
Appears in 1 contract
Samples: Lease (Exelixis Inc)
Rights of Landlord. (a) Consent If this Lease is assigned, whether or not in violation of the provisions herein, Landlord may collect rent from the assignee. If the Premises or any part thereof are sublet or used or occupied by Landlord to one anyone other than Tenant, whether or more assignments not in violation of this Lease, Landlord may collect rent from the subtenant or occupant. In either event, Landlord may apply the net amount collected to one the Rent herein reserved, but no such assignment, subletting, occupancy or more sublettings collection shall be deemed a waiver of any of the Building provisions of this Section or any portion thereofthe acceptance of the assignee, subtenant or occupancy as a tenant, or collection a release of rent by Landlord Tenant from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 13, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant the performance of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default the assignment, mortgaging, subletting, or use or occupancy by others (whether or not in violation of this Lease) the same shall not in any way be considered to relieve Tenant from acting in accordance with the terms and prohibitions set forth in Section 7.01. Reference in this Lease to use or occupancy by others (that is, anyone other than Tenant) shall not be construed as limited to subtenants and those claiming under or through subtenants but as including also licensees and others claiming under or through Tenant, immediately or remotely. Tenant covenants that, notwithstanding any assignment or transfer, and notwithstanding the acceptance of Rent by Landlord from an assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Building as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenanttransferee, or any receiver other party, it shall remain fully liable for Tenant appointed on Landlord's application, may collect such rent the payment of the Rent and apply it toward Tenant's for the other obligations under of this Lease; except that, until the occurrence of an act of default Lease to be performed or observed by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below).
Appears in 1 contract
Samples: Lease Agreement (Ener1 Inc)
Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Building Property or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's ’s rights under this Article 1315, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's ’s interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's ’s consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's ’s obligations under this Lease, all rent from any subletting of all or a part of the Building Property as permitted under this Lease, and Landlord, as Tenant's ’s assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's ’s application, may collect such rent and apply it toward Tenant's ’s obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below)profits.
Appears in 1 contract
Samples: Sublease (Macrogenics Inc)