6MISCELLANEOUS. The consent by Landlord to a Transfer shall not relieve Tenant from obtaining Landlord’s prior written consent in writing to any further Transfer. Any approved Transfer shall be expressly subject to the terms and conditions of this Lease. In the event of any approved Transfer, Tenant and Guarantor shall not be released or discharged from any liability, whether past, present or future, under this Lease, including any Renewal Term of this Lease. If Tenant requests Landlord’s consent in connection with a proposed Transfer and Landlord fails or refuses to give such consent, Tenant shall not be entitled to any damages for any withholding by Landlord of its consent, it being intended that Tenant’s sole remedy shall be an action for specific performance or injunction, and that such remedy shall be available only in those cases where this Lease provides that Landlord shall not unreasonably withhold its consent. If this Lease be assigned or if the Premises be subleased (whether in whole or in part) or in the event of the mortgage, pledge, or hypothecation of Tenant’s leasehold interest or grant of any concession or license within the Premises or if the Premises be occupied in whole or in part by anyone other than Tenant, then upon a default by Tenant hereunder Landlord may collect rent from the assignee, sublessee, mortgagee, pledgee, party to whom the leasehold interest was hypothecated, concessionee or licensee or other occupant and apply the amount collected to the next rent payable hereunder; and all such rentals collected by Tenant shall be held in trust for Landlord and immediately forwarded to Landlord. No such transaction or collection of rent or application thereof by Landlord, however, shall be deemed a waiver of these provisions or a release of Tenant from the further performance by Tenant of its covenants, duties, or obligations hereunder.
6MISCELLANEOUS. Time is of the essence. This Agreement represents the final agreement between the Chapter in the Manager related to management of the Project and may not be amended except in a written document executed by both parties. Both parties acknowledge and agree that the terms of this Agreement were jointly negotiated and drafted, and each party had the opportunity to review the same with an attorney prior to its execution. No right or remedy set forth in this Agreement and conferred upon or reserved to either of the parties is intended to be exclusive of any other right or remedy; all remedies provided for in this Agreement shall be cumulative. If any part of this Agreement shall be declared invalid or unenforceable, then such invalid term shall be severed from this Agreement and shall not affect the validity of the remainder of this Agreement or the application of such term or provision to any other entity or circumstance. With respect to any default by any party, no delay or omission of the other party to exercise any right or remedy provided by this Agreement shall constitute a waiver of such right or remedy, and every such right or remedy may be exercised at any time during the continuance of such default. The terms of the Lease are incorporated herein by this reference. The Exhibits attached to this Agreement are incorporated herein by this reference. This Agreement may be executed in one or more counterparts, all of which together shall be deemed the same instrument. [SIGNATURE PAGE FOR ACCOUNT MANAGEMENT AGREEMENT]
