Common use of TERMS AND CONDITIONS OF ASSIGNMENT Clause in Contracts

TERMS AND CONDITIONS OF ASSIGNMENT. Regardless of Lessor's consent, no assignment to an Affiliate of Lessee shall release Lessee of Lessee's obligations hereunder or alter the primary liability of Lessee to pay the Base Rent and Operating Expenses, and to perform all other obligations to be performed by Lessee hereunder. In the case of an assignment of all of the right, title and interest of Lessee under this Lease consented to by Lessor, other than as hereinabove provided, Lessor shall release Lessee from any liability accruing under this Lease from and after the date of such assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of rent shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for the breach of any of the terms or conditions of this Section 12 or this Lease. Consent to one assignment shall not be deemed consent to any subsequent assignment. In the event of a default by any assignee of Lessee or any successor of Lessee in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against said assignee or successor. In the case of any assignment of this Lease where Lessee is not released prospectively from its obligations hereunder, Lessor may consent to subsequent assignments of this Lease or amendments or modifications to this Lease with assignees of Lessee, without notifying Lessee, or any successor of Lessee, and without obtaining its or their consent thereto and such action shall not relieve Lessee of liability under this Lease; provided, however, that Lessee shall have no liability under this Lease as to any obligations subject to such modification or amendment unless such modification or amendment has been consented to by Lessor. In addition, any assignment of this Lease shall be null unless the assignee assumes all of Lessee's obligations under this Lease and agrees to be bound by the terms of this Lease. Lessor shall be entitled to fifty percent (50%) of any Bonus Rent (as hereinafter defined) resulting from any assignment.

Appears in 1 contract

Samples: Industrial Lease Agreement (Western Digital Corp)

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TERMS AND CONDITIONS OF ASSIGNMENT. Regardless of Lessor's Landlord’s consent, no assignment to an Affiliate of Lessee shall release Lessee Tenant of Lessee's its obligations hereunder or alter the primary liability of Lessee Tenant to pay the Base Rent and Tenant’s Share of Operating Expenses, and to perform all other obligations to be performed by Lessee Tenant hereunder. In the case of an assignment of all of the right, title and interest of Lessee under this Lease consented to by Lessor, Landlord may accept rent from any person other than as hereinabove providedTenant, Lessor shall release Lessee from any liability accruing under this Lease from and after the date pending approval or disapproval of such assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of rent shall constitute a waiver or estoppel of Lessor's Landlord’s right to exercise its remedies for the breach of any of the terms or conditions of this Section paragraph 12 or this Lease. Consent to one assignment shall not be deemed consent to any subsequent assignment. In the event of a default by any assignee of Lessee Tenant or any successor of Lessee Tenant, in the performance of any of the terms hereof, Lessor Landlord may proceed directly against Lessee Tenant without the necessity of exhausting remedies against said assignee or successor. In the case of any assignment of this Lease where Lessee is not released prospectively from its obligations hereunder, Lessor Landlord may consent to subsequent assignments of this Lease or amendments or modifications to this Lease with assignees of LesseeTenant, without notifying LesseeTenant, or any successor of LesseeTenant, and without obtaining its or their consent thereto thereto, and such action shall not relieve Lessee Tenant of liability under this Lease; provided, however, that Lessee shall have no liability under this Lease as to any obligations subject to such modification or amendment unless such modification or amendment has been consented to by Lessor. In addition, any assignment of this Lease shall be null unless the assignee assumes all of Lessee's obligations under this Lease and agrees to be bound by the terms of this Lease. Lessor shall be entitled to fifty percent (50%) of any Bonus Rent (as hereinafter defined) resulting from any assignment.

Appears in 1 contract

Samples: Tenant Lease Agreement (Wireless Ronin Technologies Inc)

TERMS AND CONDITIONS OF ASSIGNMENT. Regardless of LessorLandlord's consent, no assignment to an Affiliate of Lessee shall release Lessee Tenant of LesseeTenant's obligations hereunder or alter the primary liability of Lessee Tenant to pay the Base Rent and Tenant's Share of Operating Expenses, and to perform all other obligations to be performed by Lessee Tenant hereunder. In the case of an assignment of all of the right, title and interest of Lessee under this Lease consented to by Lessor, Landlord may accept rent from any person other than as hereinabove provided, Lessor shall release Lessee from any liability accruing under this Lease from and after the date Tenant pending approval or disapproval of such assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of rent shall constitute a waiver or estoppel of LessorLandlord's right to exercise its remedies for the breach of any of the terms or conditions of this Section paragraph 12 or of this Lease. Consent to one assignment shall not be deemed consent to any subsequent assignment. In the event of a default by any assignee of Lessee Tenant or any successor of Lessee Tenant, in the performance of any of the terms hereof, Lessor Landlord may proceed directly against Lessee Tenant without the necessity of exhausting remedies against said assignee or successor. In the case of any assignment of this Lease where Lessee is not released prospectively from its obligations hereunderassignee, Lessor Landlord may consent to subsequent assignments of this Lease or amendments or modifications to this Lease with assignees of LesseeTenant, without notifying LesseeTenant, or any successor of LesseeTenant, and without obtaining its or their consent thereto and such action shall not relieve Lessee Tenant of liability under this Lease; provided, however, that Lessee shall have no liability under this Lease as to any obligations subject to such modification or amendment unless such modification or amendment has been consented to by Lessor. In addition, any assignment of this Lease shall be null unless the assignee assumes all of Lessee's obligations under this Lease and agrees to be bound by the terms of this Lease. Lessor shall be entitled to fifty percent (50%) of any Bonus Rent (as hereinafter defined) resulting from any assignment.

Appears in 1 contract

Samples: License Agreement

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TERMS AND CONDITIONS OF ASSIGNMENT. Regardless of LessorLandlord's consent, no assignment to an Affiliate of Lessee shall release Lessee Tenant of LesseeTenant's obligations hereunder or alter the primary liability of Lessee Tenant to pay the Base Rent and Tenant's Share of Operating Expenses, and to perform all other obligations to be performed by Lessee Tenant hereunder. In the case of an assignment of all of the right, title and interest of Lessee under this Lease consented to by Lessor, <PAGE> -42- Landlord may accept rent from any person other than as hereinabove provided, Lessor shall release Lessee from any liability accruing under this Lease from and after the date Tenant pending approval or disapproval of such assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of rent shall constitute a waiver or estoppel of LessorLandlord's right to exercise its remedies for the breach of any of the terms or conditions of this Section paragraph 12 or of this Lease. Consent to one assignment shall not be deemed consent to any subsequent assignment. In the event of a default by any assignee of Lessee Tenant or any successor of Lessee Tenant, in the performance of any of the terms hereof, Lessor Landlord may proceed directly against Lessee Tenant without the necessity of exhausting remedies against said assignee or successor. In the case of any assignment of this Lease where Lessee is not released prospectively from its obligations hereunderassignee, Lessor Landlord may consent to subsequent assignments of this Lease or amendments or modifications to this Lease with assignees of LesseeTenant, without notifying LesseeTenant, or any successor of LesseeTenant, and without obtaining its or their consent thereto and such action shall not relieve Lessee Tenant of liability under this Lease; provided, however, provided that Lessee Tenant shall have no liability under this Lease as to not be liable for any obligations subject to such modification or amendment unless such modification or amendment has been consented to by Lessor. In addition, any assignment of this Lease shall be null unless increase in the assignee assumes all of Lessee's obligations under this Lease and agrees to be bound by the terms resulting from an amendment or modification of this Lease. Lessor shall be entitled Lease to fifty percent (50%) of any Bonus Rent (as hereinafter defined) resulting from any assignmentwhich Tenant has not consented.

Appears in 1 contract

Samples: Lease (Esterline Technologies Corp)

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