Common use of Subleasing Clause in Contracts

Subleasing. Without limiting City’s discretion in approving or disapproving a proposed Transfer, if and to the extent City permits Tenant to sublease the Premises, the following shall apply: (a) Prior to negotiating a sublease agreement, Tenant must submit to City a sublease proposal for City’s approval, which approval may be granted or withheld in City’s absolute and sole discretion; (b) Every sublease must be on a Standard Sublease Agreement form approved by Director, and the actual sublease must be approved by Director; (c) Each and every covenant, condition or obligation imposed upon Tenant by this Lease and each and every right, remedy or benefit afforded City by this Lease will not be impaired or diminished as a result of any sublease agreement; (d) No subtenant shall be obligated to pay to Tenant, and Tenant shall not be permitted to charge any rent, percentage rent, bonus rent, key money, administration fee, or the like, which exceeds, in the aggregate, the total sums that Tenant pays to City under this Lease for the portion of the Premises subleased by the subtenant under its sublease agreement (the “Excess Rent”). If, notwithstanding the foregoing prohibition, Tenant receives any Excess Rent, Tenant shall pay the same to City; (e) Tenant assigns to City all rent and other payments due from all subtenants under any sublease agreements; provided however, Tenant is hereby granted a license to collect rents and other payments due from subtenants under their sublease agreements until the occurrence of an Event of Default, regardless of whether a notice of that default has been given by City. At any time, at Director’s option, City may notify a subtenant of this assignment and upon such notice the subtenant will pay its rent other payments directly to City. City will credit Tenant with any rent received by City under such assignment, but the acceptance of any payment on account of rent from any subtenants as a result of an Event of Default will in no manner whatsoever serve to release Tenant from any liability under this Lease. No payment of rent or any other payment by a subtenant directly to City or other acceptance of such payments by City, regardless of the circumstances or reasons therefor, will in any manner whatsoever be deemed an attornment by the subtenants to City in the absence of either a specific written agreement signed by City to such an effect.

Subleasing. Without limiting City’s discretion in approving or disapproving a proposed Transfer, if and to the extent City permits Tenant to sublease the Premises, the following shall apply: : (a) Prior to negotiating a sublease agreement, Tenant must submit to City a sublease proposal for City’s approval, which approval may be granted or withheld in City’s absolute and sole discretion; (b) Every sublease must be on a Standard Sublease Agreement form approved by Director, and the actual sublease must be approved by Director; (c) Each and every covenant, condition or obligation imposed upon Tenant by this Lease and each and every right, remedy or benefit afforded City by this Lease will not be impaired or diminished as a result of any sublease agreement; (d) No subtenant shall be obligated to pay to Tenant, and Tenant shall not be permitted to charge any rent, percentage rent, bonus rent, key money, administration fee, or the like, which exceeds, in the aggregate, the total sums that Tenant pays to City under this Lease for the portion of the Premises subleased by the subtenant under its sublease agreement (the “Excess Rent”). If, notwithstanding the foregoing prohibition, Tenant receives any Excess Rent, Tenant shall pay the same to City; (e) Tenant assigns to City all rent and other payments due from all subtenants under any sublease agreements; provided however, Tenant is hereby granted a license to collect rents and other payments due from subtenants under their sublease agreements until the occurrence of an Event of Default, regardless of whether a notice of that default has been given by City. At any time, at Director’s option, City may notify a subtenant of this assignment and upon such notice the subtenant will pay its rent other payments directly to City. City will credit Tenant with any rent received by City under such assignment, but the acceptance of any payment on account of rent from any subtenants as a result of an Event of Default will in no manner whatsoever serve to release Tenant from any liability under this Lease. No payment of rent or any other payment by a subtenant directly to City or other acceptance of such payments by City, regardless of the circumstances or reasons therefor, will in any manner whatsoever be deemed an attornment atonement by the subtenants to City in the absence of either a specific written agreement signed by City to such an effect.

Subleasing. Without limiting City’s discretion Carrier may sublease to other regulated carriers or others any equipment with driver which is the subject of this Agreement, in approving accordance with the leasing rules of the Federal or disapproving a proposed Transfer, if State regulatory boards and to shall be considered the extent City permits Tenant to sublease owner of the Premises, the following shall apply:equipment for such purposes. (a) Contractor shall be authorized under this Agreement to enter certain subleases as agent for Carrier, subject, however, to strict compliance with the following provisions: (I) Prior to negotiating entering any sublease, Contractor must first obtain by telephone; the formal approval of an officer of Carrier or other authorized representative. Contractor shall make a record of the time and date of the authorization and the name and title of the officer or representative who issued the authorization. (II) Contractor shall not be authorized to enter into any sublease, which includes as one of its terms any provision, which Carrier, as lessor, agrees to indemnify or hold harmless lessee for claims or liability arising out of the use by lessee of said equipment. (III) In the event Contractor negotiates and enters into a sublease agreementunder these provisions, Tenant must submit within 5 business days of the conclusion of the sublease, then Contractor shall deliver to City Carrier all shipping documents and other related papers including logs, and shall also deliver to Carrier certification of credit reliability of the party responsible for payment of the freight charges due on the sublease movement. (IV) Contractor will complete a “Trip Sublease Information Sheet” in the form designated by Carrier. (V) The law requires that settlement checks for subleases be payable to Carrier. It is unlawful and a material breach of this Agreement for Contractor to endorse checks payable to Carrier or to deposit such checks in any bank account of Contractor. (VI) Contractor will, upon execution of the sublease, remove or otherwise cover any and all identification devices identifying Carrier as being in control and possession of the equipment, and will during the course of the sublease proposal for City’s approval, which approval may be granted only display on such equipment the identification devices of the sublease whether such sublease is an authorized interstate carrier licensed by the Federal Highway Administration of the U.S. Department of Transportation or withheld in City’s absolute and sole discretion; not. (b) Every In the event Contractor negotiates and enters into a sublease must be on a Standard Sublease Agreement form approved of the equipment and driver leased to Carrier under this Agreement: (I) Except as provided in this Agreement, all revenues or compensation generated by Director, and the actual such sublease must be approved by Director; (c) Each and every covenant, condition or obligation imposed upon Tenant by this Lease and each and every right, remedy or benefit afforded City by this Lease will not be impaired or diminished as a result of any sublease agreement; transportation service performed by Contractor shall accrue to Contractor. (dII) No subtenant There shall be obligated to pay to Tenant, and Tenant shall not be permitted to charge any rent, percentage rent, bonus rent, key money, administration fee, or deducted from compensation due Contractor the like, which exceeds, in the aggregate, the total sums that Tenant pays to City under this Lease for the portion following: (aa) Subleasing service fee of the Premises subleased by the subtenant under its sublease agreement five dollars (the “Excess Rent”). If, notwithstanding the foregoing prohibition, Tenant receives any Excess Rent, Tenant shall pay the same to City; (e$5.00) Tenant assigns to City all rent and other payments due from all subtenants under any sublease agreements; provided however, Tenant is hereby granted a license to collect rents and other payments due from subtenants under their sublease agreements until the occurrence of an Event of Default, regardless of whether a notice of that default has been given by City. At any time, at Director’s option, City may notify a subtenant of this assignment and upon such notice the subtenant will pay its rent other payments directly to City. City will credit Tenant with any rent received by City under such assignment, but the acceptance of any payment on account of rent from any subtenants as a result of an Event of Default will in no manner whatsoever serve to release Tenant from any liability under this Lease. No payment of rent or any other payment by a subtenant directly to City or other acceptance of such payments by City, regardless of the circumstances or reasons therefor, will in any manner whatsoever be deemed an attornment by the subtenants to City in the absence of either a specific written agreement signed by City to such an effect.per incident;

Subleasing. Without limiting City’s discretion in approving or disapproving a proposed Transfer, if and to the extent City permits Tenant to sublease the Premises, the following shall apply: (a) Prior to negotiating a sublease agreement, Tenant must submit to City a sublease proposal for City’s approval, which approval may be granted or withheld in City’s absolute and sole discretion; ; (b) Every sublease must be on a Standard Sublease Agreement form approved by Director, and the actual sublease must be approved by Director; (c) Each and every covenant, condition or obligation imposed upon Tenant by this Lease and each and every right, remedy or benefit afforded City by this Lease will not be impaired or diminished as a result of any sublease agreement; (d) No subtenant shall be obligated to pay to Tenant, and Tenant shall not be permitted to charge any rent, percentage rent, bonus rent, key money, administration fee, or the like, which exceeds, in the aggregate, the total sums that Tenant pays to City under this Lease for the portion of the Premises subleased by the subtenant under its sublease agreement (the “Excess Rent”). If, notwithstanding the foregoing prohibition, Tenant receives any Excess Rent, Tenant shall pay the same to City; (e) Tenant assigns to City all rent and other payments due from all subtenants under any sublease agreements; provided however, Tenant is hereby granted a license to collect rents and other payments due from subtenants under their sublease agreements until the occurrence of an Event of Default, regardless of whether a notice of that default has been given by City. At any time, at Director’s option, City may notify a subtenant of this assignment and upon such notice the subtenant will pay its rent other payments directly to City. City will credit Tenant with any rent received by City under such assignment, but the acceptance of any payment on account of rent from any subtenants as a result of an Event of Default will in no manner whatsoever serve to release Tenant from any liability under this Lease. No payment of rent or any other payment by a subtenant directly to City or other acceptance of such payments by City, regardless of the circumstances or reasons therefor, will in any manner whatsoever be deemed an attornment by the subtenants to City in the absence of either a specific written agreement signed by City to such an effect.

Subleasing. Without limiting City’s discretion in approving or disapproving a proposed Transfer, if and to the extent City permits Tenant to sublease the Premises, the following shall apply: : (a) Prior to negotiating a sublease agreement, Tenant must submit to City a sublease proposal for City’s approval, which approval may be granted or withheld in City’s absolute and sole discretion; (b) Every sublease must be on a Standard Sublease Agreement form approved by Director, and the actual sublease must be approved by Director; (c) Each and every covenant, condition or obligation imposed upon Tenant by this Lease and each and every right, remedy or benefit afforded City by this Lease will not be impaired or diminished as a result of any sublease agreement; (d) No subtenant shall be obligated to pay to Tenant, and Tenant shall not be permitted to charge any rent, percentage rent, bonus rent, key money, administration fee, or the like, which exceeds, in the aggregate, the total sums that Tenant pays to City under this Lease for the portion of the Premises subleased by the subtenant under its sublease agreement (the “Excess Rent”). If, notwithstanding the foregoing prohibition, Tenant receives any Excess Rent, Tenant shall pay the same to City; (e) Tenant assigns to City all rent and other payments due from all subtenants under any sublease agreements; provided however, Tenant is hereby granted a license to collect rents and other payments due from subtenants under their sublease agreements until the occurrence of an Event of Default, regardless of whether a notice of that default has been given by City. At any time, at Director’s option, City may notify a subtenant of this assignment and upon such notice the subtenant will pay its rent other payments directly to City. City will credit Tenant with any rent received by City under such assignment, but the acceptance of any payment on account of rent from any subtenants as a result of an Event of Default will in no manner whatsoever serve to release Tenant from any liability under this Lease. No payment of rent or any other payment by a subtenant directly to City or other acceptance of such payments by City, regardless of the circumstances or reasons therefor, will in any manner whatsoever be deemed an attornment by the subtenants to City in the absence of either a specific written agreement signed by City to such an effect.

Subleasing. Without limiting City’s discretion in approving or disapproving a proposed Transfer, if and to the extent City permits Tenant to sublease the Premises, the following shall apply: (a) Prior to negotiating a sublease agreement, Tenant must submit to City a sublease proposal for City’s approval, which approval may be granted or withheld in City’s absolute and sole discretion; (b) Every sublease must be on in a Standard Sublease Agreement form approved by Director, and the actual sublease must be approved by Director; (c) Each and every covenant, condition or obligation imposed upon Tenant by this Lease and each and every right, remedy or benefit afforded City by this Lease will not be impaired or diminished as a result of any sublease agreement; (d) No subtenant shall be obligated to pay to Tenant, and Tenant shall not be permitted to charge any rent, percentage rent, bonus rent, key money, administration fee, or the like, which exceeds, in the aggregate, the total sums that Tenant pays to City under this Lease for the portion of the Premises subleased by the subtenant under its sublease agreement (the “Excess Rent”). If, notwithstanding the foregoing prohibition, Tenant receives any Excess Rent, Tenant shall pay the same to City; (e) Tenant assigns to City all rent and other payments due from all subtenants under any sublease agreements; provided however, Tenant is hereby granted a license to collect rents and other payments due from subtenants under their sublease agreements until the occurrence of an Event of Default, regardless of whether a notice of that default has been given by City. At any time, at Director’s option, City may notify a subtenant of this assignment and upon such notice the subtenant will pay its rent other payments directly to City. City will credit Tenant with any rent received by City under such assignment, but the acceptance of any payment on account of rent from any subtenants as a result of an Event of Default will in no manner whatsoever serve to release Tenant from any liability under this Lease. No payment of rent or any other payment by a subtenant directly to City or other acceptance of such payments by City, regardless of the circumstances or reasons therefor, will in any manner whatsoever be deemed an attornment by the subtenants to City in the absence of either a specific written agreement signed by City to such an effect.

Subleasing. Without Neither Tenant, nor Tenant’s legal representatives or successors shall mortgage or encumber this lease or sublease, or use or occupy or permit the demised premises or any part thereof to be used or occupied by others, without the prior written consent of Landlord in each instance in accordance with the express terms and conditions of this Article. Any such mortgage, encumbrance, sublease or permission without such consent shall be voidable, at the option of Landlord and, at the option of Landlord, shall terminate this lease. If the demised premises or any part thereof be occupied by any party other than Tenant, without Landlord’s consent, Landlord may at its option, collect rent from the occupant, and apply the net amount collected to the rent herein reserved but no such occupancy or collection shall be deemed a waiver of the conditions of this Article or the acceptance of the occupant as Tenant or Subtenant or a release of Tenant from the further performance by Tenant of the obligations on the part of Tenant under this lease. No sublease may become effective unless and until Tenant has given Landlord at least thirty (30) days prior written notice of such proposed bonafide sublease, such notice to be received by Landlord at least thirty (30) days prior to the proposed commencement date of such proposed sublease. Said notice shall state and include the following: the name of the proposed Subtenant; the status of the proposed Subtenant either as, an individual, partnership, corporation or the like; the present business address of the proposed Subtenant; a present financial statement of the proposed Subtenant; the stated use or purpose and business to be conducted under the proposed sublease the proposed commencement and termination date of such proposed sublease: and whether all or portion of the leased premises is proposed to be subleased under such proposed sublease. Tenant may sublease all or a portion of the demised premises only upon the obtaining of Landlord’s written consent and subject to the following express conditions: A. That Tenant does not sublease to more than a reasonable number of Subtenants which number shall be subject to Landlord’s approval; B. That each Subtenant shall be subject to the prior written approval of Landlord which approval shall not be unreasonably withheld, but without limiting Citythe generality of the foregoing, it shall be reasonable for Landlord to deny such approval if: (1) The use to be made of the demised premises by the proposed Subtenant is (a) not generally consistent with the character and nature of all other [ILLEGIBLE] in the Building or with Landlord’s discretion leasing policy, or (b) a use which conflicts with any so called “exclusive” then in approving favor of another tenant of the Building or disapproving of any of Landlord’s other Buildings which are in the same complex as the Building, or (c) any use which is the same as that stated in any percentage lease to another tenant of the Building or any of Landlord’s other Buildings which are in the same complex as the Building or (d) a use which would be prohibited by any other portion of this lease (including but not limited to any rules and regulations then in effect): or (2) The character, moral stability, reputation and financial responsibility of the proposed TransferSubtenant is not reasonably satisfactory to Landlord or in any event not at least equal to those which were possessed by Tenant as of the date of execution of this lease; C. That in no event shall the term of such sublease be for a longer period thana the unexpired term of this lease; D. That each sublease shall expressly provide that it is subject and subordinate to this lease; E. That Tenant shall pay to Landlord, if Landlord’s then standard processing fee; F. That the proposed Subtenant shall execute an agreement on Landlord’s then standard form pursuant to which it shall agree to perform faithfully and be bound by all of the terms, covenants, conditions, provisions and agreements of this lease for the period covered by the sublease to the extent City permits Tenant of the space subleased; G. That an executed duplicate original of each sublease and assumption agreement in a form acceptable to Landlord, together with all sums due, shall be delivered to Landlord within five (5) days after the execution thereof and any such sublease shall not be binding upon Landlord until the Premises, delivery of the following shall apply: (a) Prior foregoing to negotiating a sublease agreement, Tenant must submit to City a sublease proposal for City’s approval, which approval may be granted or withheld in City’s absolute and sole discretion; (b) Every sublease must be on a Standard Sublease Agreement form approved by Director, Landlord and the actual execution and delivery of Landlord’s consent thereto and; H. That Landlord shall have the right upon written demand to require the Subtenant to pay the rent under the sublease must be approved by Director; (c) Each and every covenant, condition or obligation imposed upon directly to the Landlord and/or to require Tenant by this Lease and each and every right, remedy or benefit afforded City by this Lease will not be impaired or diminished as a result of any sublease agreement; (d) No subtenant shall be obligated to pay to TenantLandlord a sum equal to (i) Fifty percent (50%) of any rent or other consideration paid to Tenant by any Subtenant which is in excess of the rent then being paid by Tenant to Landlord to the extent of, and as apportionable to the space sought to be subleased pursuant to the terms of this lease and (ii) any other profit or gain realized by Tenant from any such subleasing. All sums payable hereunder by Tenant shall not be permitted paid to charge any landlord as additional rent immediately upon receipt thereof by Tenant. Any such rent, percentage rentprofit, bonus rent, key money, administration feegain or other consideration, or sum equal to same, as set forth herein, not so paid to Landlord as herein required, shall be and is deemed to be held and retained by Tenant in trust for the likesole benefit of Landlord, which exceedsand, whether actually held or retained by Tenant or not, shall be and is deemed to be held and retained by Tenant in trust for the aggregatesole benefit of Landlord, and whether actually held or retained by Tenant or not, shall be chargeable to Tenant and payable to Landlord upon demand. Any failure of refusal by Tenant to pay Landlord same shall constitute a default and material breach of the total sums terms, covenants and conditions of this lease subjecting Tenant to all the rights and remedies of Landlord under this lease and applicable law. The consent by Landlord to a sublease shall not in any way be construed to relieve Tenant or the Subtenant from obtaining the express consent in writing of Landlord to any further subleasing. Any further subleasing shall require the written consent of Tenant and any previous Subtenant except that Tenant pays and any Subtenant hereunder expressly waive their right to City consent to any further subleasing of the premises on their behalf by Landlord. The consent by Landlord to a sublease shall not in any way be construed to release Tenant from any liability whether past, present or future under this Lease for the portion of the Premises subleased by the subtenant under its sublease agreement (the “Excess Rent”). If, notwithstanding the foregoing prohibition, Tenant receives any Excess Rent, Tenant shall pay the same to City; (e) Tenant assigns to City all rent and other payments due from all subtenants under any sublease agreements; provided however, Tenant is hereby granted a license to collect rents and other payments due from subtenants under their sublease agreements until the occurrence of an Event of Default, regardless of whether a notice of that default has been given by City. At any time, at Director’s option, City may notify a subtenant of this assignment and upon such notice the subtenant will pay its rent other payments directly to City. City will credit Tenant with any rent received by City under such assignment, but the acceptance of any payment on account of rent from any subtenants as a result of an Event of Default will in no manner whatsoever serve lease or to release Tenant from any liability under this Leaselease because of Landlord’s failure to give notice of default under or in respect to any of the terms, covenants, conditions, provisions or agreements of this lease. No Notwithstanding the consent of Landlord to such sublease, Tenant shall remain liable for payment of rent all bills rendered by Landlord for the charges incurred by the Subtenant for services and materials supplied to the demised premises. If Tenant is a corporation which, under the then current guidelines published by the Commissioner or any other payment by a subtenant directly to City or other acceptance of such payments by City, regardless Corporations of the circumstances State of California, is not deemed a public corporation, or reasons thereforif Tenant is an unincorporated association or a partnership, will the transfer assignment, or hypothecation of any stock or interest in any manner whatsoever such corporation, association or partnership in the excess of twenty-five (25%) percent shall be deemed an attornment a proposed sublease within the meaning of this Article, including the requirement of obtaining Landlord’s prior written consent. Landlord hereby consents to the assignment, subletting, or transfer of this lease by Tenant to any corporation resulting from a consolidation, or to the subtenants surviving corporation in case of merger, to City in which consolidation or merger Tenant shall be party, or to any bank acquiring all or substantially all of the absence assets of either Tenant, or to any corporation result from a specific written agreement signed by City to such an effectreorganization of Tenant.

Subleasing. Without limiting City’s discretion in approving or disapproving a proposed Transfer, if and to the extent City permits Tenant Operator to sublease the Premises, the following shall apply: (a) Prior to negotiating a sublease agreement, Tenant Operator must submit to City a sublease proposal for City’s approval, which approval may be granted or withheld in City’s absolute and sole discretion; (b) Every sublease must be on a Standard Sublease Agreement form approved by Director, and the actual sublease must be approved by Director; (c) Each and every covenant, condition or obligation imposed upon Tenant Operator by this Lease and each and every right, remedy or benefit afforded City by this Lease will not be impaired or diminished as a result of any sublease agreement; (d) No subtenant shall be obligated to pay to TenantOperator, and Tenant Operator shall not be permitted to charge any rent, percentage rent, bonus rent, key money, administration fee, or the like, which exceeds, in the aggregate, the total sums that Tenant Operator pays to City under this Lease for the portion of the Premises subleased by the subtenant under its sublease agreement (the “Excess Rent”). If, notwithstanding the foregoing prohibition, Tenant Operator receives any Excess Rent, Tenant Operator shall pay the same to City; (e) Tenant Operator assigns to City all rent and other payments due from all subtenants under any sublease agreements; provided however, Tenant Operator is hereby granted a license to collect rents and other payments due from subtenants under their sublease agreements until the occurrence of an Event of Default, regardless of whether a notice of that default has been given by City. At any time, at Director’s option, City may notify a subtenant of this assignment and upon such notice the subtenant will pay its rent other payments directly to City. City will credit Tenant Operator with any rent received by City under such assignment, but the acceptance of any payment on account of rent from any subtenants as a result of an Event of Default will in no manner whatsoever serve to release Tenant Operator from any liability under this Lease. No payment of rent or any other payment by a subtenant directly to City or other acceptance of such payments by City, regardless of the circumstances or reasons therefor, will in any manner whatsoever be deemed an attornment by the subtenants to City in the absence of either a specific written agreement signed by City to such an effect.