Tenant Not Released. No assignment or sublease whatsoever shall release Tenant from Tenant’s obligations and liabilities under this Lease or alter the primary liability of Tenant to pay all rent and to perform all obligations to be paid and performed by Xxxxxx. No assignment or sublease shall amend or modify this Lease in any respect, and every assignment and sublease shall be subject and subordinate to this Lease. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision of this Lease. Consent to one assignment or sublease shall not be deemed consent to any subsequent assignment or sublease. Tenant shall pay to Landlord all direct costs and shall reimburse Landlord for all expenses incurred by Landlord in connection with any assignment or sublease BE 543 154 EUL Final 120511 SAA2 – 402658 requested by Xxxxxx not to exceed two thousand dollars ($2,000) per event of assignment or subletting. If any assignee, subtenant or successor of Tenant defaults in the performance of any obligation to be performed by Tenant under this Lease. Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee, subtenant or successor. Xxxxxxxx may consent to subsequent assignments or subleases or amendments or modifications to this Lease with assignees, subtenants or successors of Xxxxxx, without notifying Tenant or any successor of Xxxxxx and without obtaining any consent thereto from Tenant or any successor of Xxxxxx, and such action shall not release Tenant from liability under this Lease.
Appears in 4 contracts
Samples: Enhanced Use Lease (Bloom Energy Corp), Enhanced Use Lease (Bloom Energy Corp), Enhanced Use Lease (Bloom Energy Corp)
Tenant Not Released. No assignment or sublease or ------------------- license whatsoever shall release Tenant from Tenant’s 's obligations and liabilities under this Lease or alter the primary liability of Tenant to pay all rent and to perform all obligations to be paid and performed by XxxxxxTenant. No assignment or sublease or license shall amend or modify this Lease in any respect, and every assignment assignment, sublease and sublease license shall be subject and subordinate to this Lease. The acceptance of rent by Landlord from any other person person, organization or entity shall not be deemed to be a waiver by Landlord of any provision of this Lease. Consent to one assignment or sublease shall not be deemed consent to any subsequent assignment assignment, sublease, or subleaselicense. Tenant shall pay to Landlord all direct reasonable, third party costs and shall reimburse Landlord for all reasonable third party expenses incurred by Landlord in connection with any assignment assignment, sublease or sublease BE 543 154 EUL Final 120511 SAA2 – 402658 license requested by Xxxxxx not to exceed two thousand dollars ($2,000) per event of assignment or sublettingTenant. If any assignee, subtenant subtenant, licensee or successor of Tenant defaults in the performance of any obligation to be performed by Tenant under this Lease. , Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee, subtenant subtenant, licensee or successor. Xxxxxxxx Landlord may consent to subsequent assignments assignments, subleases or subleases licenses or amendments or modifications to this Lease with assignees, subtenants subtenants, licensees or successors of XxxxxxTenant, without notifying Tenant or any successor of Xxxxxx Tenant and without obtaining any consent thereto from Tenant or any successor of XxxxxxTenant, and such action shall not release Tenant from liability under this LeaseLease as and to the extent such liability exists hereunder, but any such lease amendment shall not cause the scope of Tenant's liability to increase. Tenant shall be liable during any extension period exercised hereunder even if exercised by an assignee. However, if when Tenant assigns this Lease Tenant does not assign any extension rights and expressly excludes the same from the assignment document and notifies Landlord of same, then all extension rights hereunder shall expire and such assignee would only be able to extend the term hereof by agreement with Landlord, in which case, Tenant shall not be liable for liability accruing during any such extension periods.
Appears in 2 contracts
Samples: Campus Lease (Monsanto Co /New/), Campus Lease (Monsanto Co /New/)
Tenant Not Released. No assignment or sublease whatsoever shall release Tenant from Tenant’s 's obligations and liabilities under this Lease or alter the primary liability of Tenant to pay all rent and to perform all obligations to be paid and performed by Xxxxxx. No assignment or sublease shall amend or modify this Lease in any respect, and every assignment and sublease shall be subject and subordinate to this Lease. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision of this Lease. Consent to one assignment or sublease shall not be deemed consent to any subsequent assignment or sublease. Tenant shall pay to Landlord all direct costs and shall reimburse Landlord for all expenses incurred by Landlord in connection with any assignment or sublease BE 543 154 EUL Final 120511 SAA2 – 402658 requested by Xxxxxx not to exceed two thousand dollars ($2,000) per event of assignment or sublettingXxxxxx. If any assignee, subtenant or successor of Tenant defaults in the performance of any obligation to be performed by Tenant under this Lease. Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee, subtenant or successor. Xxxxxxxx may consent to subsequent assignments or subleases or amendments or modifications to this Lease with assignees, subtenants or successors of Xxxxxx, without notifying Tenant or any successor of Xxxxxx and without obtaining any consent thereto from Tenant or any successor of Xxxxxx, and such action shall not release Tenant from liability under this Lease.
Appears in 1 contract
Samples: Lease (Wj Communications Inc)
Tenant Not Released. No assignment or sublease whatsoever shall release Tenant from Tenant’s 's obligations and liabilities under this Lease or alter the primary liability of Tenant to pay all rent and to perform all obligations to be paid and performed by Xxxxxx. No assignment or sublease shall amend or modify this Lease in any respect, and every assignment and sublease shall be subject and subordinate to this Lease. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision of this Lease. Consent to one assignment or sublease shall not be deemed consent to any subsequent assignment or sublease. Tenant shall pay to Landlord all direct costs and shall reimburse Landlord for all expenses incurred by Landlord in connection with any assignment or sublease BE 543 154 EUL Final 120511 SAA2 – 402658 requested by Xxxxxx not to exceed two thousand dollars ($2,000) per event of assignment or sublettingXxxxxx. If any assignee, subtenant or successor of Tenant defaults in the performance of any obligation to be performed by Tenant under this Lease. , Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee, subtenant or successor. Xxxxxxxx may consent to subsequent assignments or subleases or amendments or modifications to this Lease with assignees, subtenants or successors of Xxxxxx, without notifying Tenant or any successor of Xxxxxx and without obtaining any consent thereto from Tenant or any successor of Xxxxxx, and such action shall not release Tenant from liability under this Lease.
Appears in 1 contract
Samples: Lease (Wj Communications Inc)
Tenant Not Released. No assignment or sublease whatsoever shall ------------------- release Tenant from Tenant’s 's obligations and liabilities under this Lease or alter the primary liability of Tenant to pay all rent and to perform all obligations to be paid and performed by XxxxxxTenant. No assignment or sublease shall amend or modify this Lease in any respect, and every assignment and sublease shall be subject and subordinate to this Lease. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision of this Lease. Consent to one assignment or sublease shall not be deemed consent to any subsequent assignment or sublease. Tenant shall pay to Landlord all direct costs and shall reimburse Landlord for all expenses incurred by Landlord in connection with any assignment or sublease BE 543 154 EUL Final 120511 SAA2 – 402658 requested by Xxxxxx not to exceed two thousand dollars ($2,000) per event of assignment or sublettingTenant. If any assignee, subtenant or successor of Tenant defaults in the performance of any obligation to be performed by Tenant under this Lease. , Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee, subtenant or successor. Xxxxxxxx Landlord may consent to subsequent assignments or subleases or amendments or modifications to this Lease with assignees, subtenants or successors of XxxxxxTenant, without notifying Tenant or any successor of Xxxxxx Tenant and without obtaining any consent thereto from Tenant or any successor of XxxxxxTenant, and such action shall not release Tenant from liability under this Lease.
Appears in 1 contract
Samples: Office Lease (Homestore Com Inc)
Tenant Not Released. No assignment or sublease whatsoever shall release Tenant from Tenant’s 's obligations and liabilities under this Lease or alter the primary liability of Tenant to pay all rent and to perform all obligations to be paid and performed by XxxxxxTenant. No assignment or sublease shall subleaxx xxall amend or modify this Lease in any respect, and every assignment and sublease shall be subject and subordinate to this Lease. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision of this Lease. Consent to one assignment or sublease shall not be deemed consent to any subsequent assignment or 13 sublease. Concurrently with any request for Landlord's consent, Tenant shall pay xxx xx Xandlord a service fee of Five Hundred Dollars ($500.00), which shall be used by Landlord to defray the costs incurred by Landlord all direct in reviewing and processing such request. In the event that the actual costs and incurred by Landlord in reviewing Tenant's request exceeds Five Hundred Dollars ($500.00), then Tenant shall reimburse Landlord for all expenses the amount of such excess within ten (10) days of written demand therefor. If the actual costs incurred by Landlord in connection with any assignment or sublease BE 543 154 EUL Final 120511 SAA2 – 402658 requested by Xxxxxx not to exceed two thousand dollars reviewing Tenant's request is less than Five Hundred Dollars ($2,000) per event of assignment or subletting500.00), then Landlord shall refund the difference to Tenant. If any assignee, subtenant or successor of Tenant defaults in the performance of any obligation to be performed by Tenant under this Lease. , Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee, subtenant or successor. Xxxxxxxx Landlord may consent to subsequent assignments subsequxxx xxxignments or subleases or amendments or modifications to this Lease with assignees, subtenants or successors of XxxxxxTenant, without notifying Tenant or Tenaxx xx any successor of Xxxxxx Tenant and without obtaining any consent anx xxxxent thereto from Tenant or any successor of XxxxxxTenant, and such action shall not release xxxxxse Tenant from liability under this Lease.
Appears in 1 contract
Samples: Industrial Lease (Foster L B Co)
Tenant Not Released. No assignment or sublease whatsoever shall release Tenant from Tenant’s obligations and liabilities under this Lease or alter the primary liability of Tenant to pay all rent and to perform all obligations to be paid and performed by Xxxxxx. No assignment or sublease shall amend or modify this Lease in any respect, and every assignment and sublease shall be subject and subordinate to this Lease. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision of this Lease. Consent to one assignment or sublease shall not be deemed consent to any subsequent assignment or sublease. Except in connection with a transfer described in Section 9.5 below, Tenant shall pay to Landlord all reasonable direct costs and shall reimburse Landlord for all reasonable expenses incurred by Landlord in connection with any assignment or sublease BE 543 154 EUL Final 120511 SAA2 – 402658 requested by Xxxxxx not to exceed two thousand dollars Xxxxxx, such cost shall be no less than One Thousand Five Hundred Dollars ($2,0001,500) per event of assignment or sublettingand shall not exceed Five Thousand Dollars ($5,000) in connection with any one transfer. If any assignee, subtenant or successor of Tenant defaults in the performance of any obligation to be performed by Tenant under this Lease. , Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee, subtenant or successor. Xxxxxxxx may consent to subsequent assignments or subleases or amendments or modifications to this Lease with assignees, subtenants or successors of Xxxxxx, without notifying Tenant or any successor of Xxxxxx and without obtaining any consent thereto from Tenant or any successor of Xxxxxx, and such action shall not release Tenant from liability under this Lease.
Appears in 1 contract
Tenant Not Released. No assignment or sublease whatsoever shall release Tenant from Tenant’s 's obligations and liabilities under this Lease or alter the primary liability of Tenant to pay all rent and to perform all obligations to be paid and performed by XxxxxxTenant. No assignment or sublease shall amend or modify xxxxxy this Lease in any respect, and every assignment and sublease shall be subject and subordinate to this Lease. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision of this Lease. Consent to one assignment or sublease shall not be deemed consent to any subsequent assignment or sublease. Tenant shall pay to Landlord all direct costs and shall reimburse Landlord for all expenses incurred by Landlord in connection with any assignment or sublease BE 543 154 EUL Final 120511 SAA2 – 402658 requested by Xxxxxx not to exceed two thousand dollars ($2,000) per event of assignment or sublettingTenant. If any assignee, subtenant or successor of Tenant xx Xxxant defaults in the performance of any obligation to be performed by Tenant under this Lease. , Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee, subtenant or successor. Xxxxxxxx Landlord may consent to subsequent assignments or subleases xxxxxxxes or amendments or modifications to this Lease with assignees, subtenants or successors of XxxxxxTenant, without notifying Tenant or any successor of Xxxxxx xx Xxnant and without obtaining any consent thereto from Tenant xxxx Xenant or any successor of XxxxxxTenant, and such action shall not release Tenant from liability xxxx xiability under this Lease.
Appears in 1 contract
Tenant Not Released. No assignment or sublease whatsoever shall release Tenant from Tenant’s 's obligations and liabilities under this Lease or alter the primary liability of Tenant to pay all rent and to perform all obligations to be paid and performed by XxxxxxTenant. No assignment or sublease shall amend or modify this Lease in any respect, and every assignment and sublease shall be subject and subordinate to this Lease. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision of this Lease. Consent to one assignment or sublease shall not be deemed consent to any subsequent assignment or sublease. Tenant shall pay to Landlord all direct costs and shall reimburse Landlord for all expenses incurred by Landlord in connection with any assignment or sublease BE 543 154 EUL Final 120511 SAA2 – 402658 requested by Xxxxxx not to exceed two thousand dollars ($2,000) per event of assignment or sublettingTenant. If any assignee, subtenant or successor of Tenant defaults in the performance of any obligation to be performed by Tenant under this Lease. , Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee, subtenant or successor. Xxxxxxxx Landlord may consent to subsequent assignments or subleases or amendments or modifications to this Lease with assignees, subtenants or successors of XxxxxxTenant, without notifying Tenant or any successor of Xxxxxx Tenant and without obtaining any consent thereto from Tenant or any successor of XxxxxxTenant, and such action shall not release Tenant from liability under this Lease.
Appears in 1 contract
Samples: Sublease (Build a Bear Workshop Inc)
Tenant Not Released. No assignment or sublease whatsoever shall release Tenant from Tenant’s obligations and liabilities under If this Lease is assigned, whether or alter not in violation of the primary liability terms of Tenant this Lease, Landlord may collect rent from the assignee. If the Premises or any part thereof is sublet or is used or occupied by anybody other than Tenant, Landlord may, after an Event of Default by Tenant, collect rent from such subtenant or occupant. In either event, Landlord may apply the next amount collected to pay all rent and the rents herein reserved. The consent by Landlord to perform all obligations an assignment, transfer, encumbering or subletting pursuant to be paid and performed by Xxxxxx. No assignment or sublease shall amend or modify any provision of this Lease in shall not relieve Tenant or any respectassignee or subtenant from obtaining the express prior consent of Landlord to any other or further assignment, and every transfer, encumbering or subletting. Neither any assignment and sublease shall be subject and subordinate to of this Lease. The acceptance Lease nor any subletting, occupancy or use of the Premises or any part thereof by any person other than Tenant, nor any collection of rent by Landlord from any person other person or entity than Tenant, nor any application of any such rent as provided in this Article shall not be deemed a waiver of any of the provisions of Section 17.1, or relieve, impair, release or discharge Tenant of its obligation fully to perform the terms of this Lease on Tenant's part to be a waiver by Landlord of any provision of this Lease. Consent to one assignment or sublease shall not be deemed consent to any subsequent assignment or sublease. performed, and Tenant shall pay to Landlord all direct costs remain fully and shall reimburse Landlord for all expenses incurred by Landlord in connection with any assignment or sublease BE 543 154 EUL Final 120511 SAA2 – 402658 requested by Xxxxxx not to exceed two thousand dollars ($2,000) per event of assignment or subletting. If any assignee, subtenant or successor of Tenant defaults in the performance of any obligation to be performed by Tenant under this Lease. Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee, subtenant or successor. Xxxxxxxx may consent to subsequent assignments or subleases or amendments or modifications to this Lease with assignees, subtenants or successors of Xxxxxx, without notifying Tenant or any successor of Xxxxxx and without obtaining any consent thereto from Tenant or any successor of Xxxxxx, and such action shall not release Tenant from liability under this Leaseprimarily liable hereunder.
Appears in 1 contract
Samples: Lease Agreement (Dress Barn Inc)
Tenant Not Released. No assignment or sublease or license whatsoever shall (a) release Tenant from Tenant’s 's obligations and liabilities under this Lease or Lease; (b) alter the primary liability of Tenant to pay all rent Fixed Rent and to perform all obligations to be paid and performed by Xxxxxx. No assignment Tenant; or sublease shall (c) amend or modify this Lease in any respect, and every assignment assignment, sublease and sublease license shall be subject and subordinate to this Lease. The acceptance of rent by Landlord from any other person person, organization or entity shall not be deemed to be a waiver by Landlord of any provision of this Lease. Consent to one assignment or sublease shall not be deemed consent to any subsequent assignment assignment, sublease, or subleaselicense. Tenant shall pay to Landlord all direct reasonable, third party costs and shall reimburse Landlord for all reasonable third party expenses incurred by Landlord in connection with any assignment assignment, sublease or sublease BE 543 154 EUL Final 120511 SAA2 – 402658 license requested by Xxxxxx not to exceed two thousand dollars ($2,000) per event of assignment or sublettingXxxxxx. If any assignee, subtenant subtenant, licensee or successor of Tenant defaults in the performance of any obligation to be performed by Tenant under this Lease. , Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee, subtenant subtenant, licensee or successor. Xxxxxxxx Landlord may consent to subsequent assignments assignments, subleases or subleases licenses or amendments or modifications to this Lease with assignees, subtenants subtenants, licensees or successors of XxxxxxTenant, without notifying Tenant or any successor of Xxxxxx Tenant and without obtaining any consent thereto from Tenant or any successor of XxxxxxTenant, and such action shall not release Tenant from liability under this LeaseLease as and to the extent such liability exists hereunder, but any such lease amendment shall not cause the scope of Tenant's liability to increase.
Appears in 1 contract
Samples: Office Lease (Mission Produce, Inc.)
Tenant Not Released. No assignment or sublease whatsoever shall release Tenant from Tenant’s obligations and liabilities under this Lease or alter the primary liability of Tenant to pay all rent and to perform all obligations to be paid and performed by XxxxxxTenant. No assignment or sublease shall amend or modify this Lease in any respect, and every assignment and sublease shall be subject and subordinate to this Lease. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision of this Lease. Consent to one assignment or sublease shall not be deemed consent to any subsequent assignment or sublease. Tenant shall pay to Landlord all direct costs and shall reimburse Landlord for all expenses incurred by Landlord in connection with any assignment or sublease BE 543 154 EUL Final 120511 SAA2 – 402658 requested by Xxxxxx not to exceed two thousand dollars ($2,000) per event of assignment or subletting. If any assignee, subtenant or successor of Tenant defaults in the performance of any obligation to be performed by Tenant under this Lease. , Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee, subtenant or successor. Xxxxxxxx Landlord may consent to subsequent assignments or subleases or amendments or modifications to this Lease with assignees, subtenants or successors of XxxxxxTenant, without notifying Tenant or any successor of Xxxxxx Tenant and without obtaining any consent thereto from Tenant or any successor of XxxxxxTenant, and such action shall not release Tenant from liability under this Lease.
Appears in 1 contract
Tenant Not Released. No assignment or sublease whatsoever shall release Tenant from Tenant’s 's obligations and liabilities under this Lease or alter the primary liability of Tenant to pay all rent and to perform all obligations to be paid and performed by XxxxxxTenant. No assignment assignments or sublease shall amend or modify this Lease in any respect, and every assignment and sublease shall be subject and subordinate to this Lease. The acceptance of rent by Landlord from any other person or entity shall not be deemed to be a waiver by Landlord of any provision of this Lease. Consent to one assignment or sublease shall not be deemed consent to any subsequent assignment or sublease. Tenant shall pay to Landlord all direct costs and shall reimburse Landlord for all reasonable expenses incurred by Landlord in connection with any assignment or sublease BE 543 154 EUL Final 120511 SAA2 – 402658 requested by Xxxxxx Tenant, provided such costs and expenses do not to exceed two thousand dollars Five Hundred and 00/100 Dollars ($2,000) per event of assignment or subletting500.00). If any assignee, subtenant or successor of Tenant defaults in the performance of any obligation to be performed by Tenant under this Lease. , Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee, subtenant or successor. Xxxxxxxx may consent to subsequent assignments or subleases or amendments or modifications to this Lease with assignees, subtenants or successors of Xxxxxx, without notifying Tenant or any successor of Xxxxxx and without obtaining any consent thereto from Tenant or any successor of Xxxxxx, and such action shall not release Tenant from liability under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Radyne Corp)