Common use of Additional Terms and Conditions Applicable to Subletting Clause in Contracts

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublease, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases under such sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor.

Appears in 4 contracts

Samples: Boyds Wheels Inc, Boyds Wheels Inc, Boyds Wheels Inc

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Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part party of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: ; (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of this the foregoing or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a subleaseRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations obligation to such subleases under such sublease. Lessee hereby irrevocably authorizes irrevocably, authorized and directs any such sublesseesublease, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Leaselease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee Sublease shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exits, notwithstanding any notice from or claim from Lessee to the contrary. (b) In the event of a breach by Lessee, Lessor may, at its option, require sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any prior Defaults or Breaches of such sublessor. (c) Any matter requiring the consent of the sublessor under a sublease shall also require the consent of Lessor. (d) No sublease shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or breach by Lessee to the sublessee, who shall have no the right or claim to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against said sublessee, or, until the Breach has been cured, against Lessor, Lessee for any such rents and other charges so paid Defaults cured by said sublessee to Lessorthe sublessee.

Appears in 3 contracts

Samples: Cumetrix Data Systems Corp, Cumetrix Data Systems Corp, Cumetrix Data Systems Corp

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior Defaults or Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Samples: Burke Industries Inc /Ca/, Dental Medical Diagnostic Systems Inc

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of this the foregoing or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a subleaseRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases under such subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. (b) In the event of a Breach by Lessee, Lessor may, at its option, require sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any prior Defaults or Breaches of such sublessor. - (c) Any matter requiring the consent of the sublessor under a sublease shall also require the consent of Lessor. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have no the right or claim to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against said sublessee, or, until the Breach has been cured, against Lessor, Lessee for any such rents and other charges so paid Defaults cured by said sublessee to Lessorthe sublessee.

Appears in 2 contracts

Samples: Newave Inc, Newave Inc

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of this the foregoing or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a subleaseRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases under such subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. (b) In the event of a Breach by Lessee, Lessor may, at its option, require sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any prior Defaults or Breaches of such sublessor. (c) Any matter requiring the consent of the sublessor under a sublease shall also require the consent of Lessor. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have no the right or claim to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against said sublessee, or, until the Breach has been cured, against Lessor, Lessee for any such rents and other charges so paid Defaults cured by said sublessee to Lessorthe sublessee. 13.

Appears in 2 contracts

Samples: Certain Lease Agreement (Intest Corp), Freehand Information Systems, Inc.

Additional Terms and Conditions Applicable to Subletting. The Regardless of Lessor's consent, the following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, may receive, . collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this or any other assignment of such sublease to Lessor, Lessor nor by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach default exists in the performance of LesseeXxxxxx's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee Lessee agrees that such sublessee shall have the right to rely upon any such statement and request from Lessor Lessor, and that such sublessee shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said sublessee, or, until the Breach has been cured, against Lessor, sublessee or Lessor for any such rents and other charges so paid by said sublessee to Lessor.. (b) No sublease entered into by Lessee shall be effective unless and until it has been approved in writing by Lessor. In entering into any sublease, Lessee shall use only such form of sublessee as -is satisfactory to Lessor, and once approved by Lessor such sublease shall not be changed or modified without Lessoes prior written consent. Any sublease shall, by reason of entering into a sublease under this Lease, be deemed, for the benefit of Lessor, to have assumed and agreed to conform and comply with each and every obligation herein to be performed by Lessee other than such obligations as are contrary to or inconsistent with provisions contained in a sublease to which Lessor has expressly consented in writing. (c) In the event Lessee shall default in the performance of its obligations under this Lease, Lessor at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of Lessee under such sublease from the time of the exercise of said option to the termination of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to Lessee or for any other prior defaults of Lessee under such sublease. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) With respect to any subletting to which Xxxxxx has consented, Xxxxxx agrees to deliver a copy of any notice of default by Xxxxxx to the sublessee. Such sublessee shall have the right to cure a default of Lessee within three (3) days after service of said notice of default upon such sublessee, and the sublessee shall have a right of reimbursement and offset from and against Lessee for any such defaults cured by the sublessee. 12.5

Appears in 1 contract

Samples: California Software (California Software Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such subleaseSublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Samples: Mossimo Inc

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such subleaseSublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default Of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Samples: Digital Bridge Inc

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: . (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of this the foregoing or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a subleaseRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases under such subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. (b) In the event of a Breach by Lessee, Lessor may, at its option, require sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any prior Defaults or Breaches of such sublessor. (c) Any matter requiring the consent of the sublessor under a sublease shall also require the consent of Lessor. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have no the right or claim to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against said sublessee, or, until the Breach has been cured, against Lessor, Lessee for any such rents and other charges so paid Defaults cured by said sublessee to Lessorthe sublessee. 13.

Appears in 1 contract

Samples: Sigma Circuits Inc

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's ’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease’s obligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of this the foregoing or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a subleaseRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such subleases under such subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's ’s obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. (b) In the event of a Breach by Lessee, Lessor may, at its option, require sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any prior Defaults or Breaches of such sublessor. (c) Any matter requiring the consent of the sublessor under a sublease shall also require the consent of Lessor. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor’s prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have no the right or claim to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against said sublessee, or, until the Breach has been cured, against Lessor, Lessee for any such rents and other charges so paid Defaults cured by said sublessee to Lessorthe sublessee. 13.

Appears in 1 contract

Samples: Prolong International Corp

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions 1. Lessee shall apply pay to Lessor as additional Base Rent, fifty percent (50%) of any subletting Profits (as defined below) actually received by Lessee of all pursuant to such approved assignment or sublease. Whenever Lessor is entitled to share in any part excess income resulting from an assignment or sublease of the Premises and Premises, the following shall be deemed included in all subleases under this Lease whether constitute the definition of “Profits”; the gross revenue received from the assignee or not expressly incorporated thereinsublessee during the sublease term or during the assignment, with respect to the space covered by the sublease or assignment (“Transferred Space”), less: (a) Lessee hereby assigns and transfers the gross revenue paid to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion by Lessee during the period of the Premises heretofore sublease term or hereafter made during the assignment with respect to the Transferred Space; (b) any improvement allowance or other economic concession (planning allowance, moving expenses, etc.) paid by Lessee to the sublessee or assignee; (c) brokers’ commissions; (d) attorneys’ fees; (e) lease takeover payments; (f) costs of advertising the space for sublease or assignment; (g) unamortized cost of initial and subsequent improvements to the Transferred Space by Lessee, ; and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease(h) any other costs actually paid in assigning or subletting the Transferred Space; provided, however, under no circumstances shall Lessor be paid any Profits until Lessee has recovered all of the items set forth in subparts (a) through (h) for such Transferred Space, it being understood that if in any year the gross revenues, less the deductions set forth in subparts (a) through (h) above (the “Net Revenues”) are less than any and all costs actually paid in assigning or subletting the affected space (collectively “Transaction Costs”), the amount of the excess Transaction Costs shall be carried over to the next year and then deducted from Net Revenues with the procedure repeated until a Breach Profit is achieved. Within five (as defined 5) days of Lessee entering into a written sublease of the Premises in Paragraph 13.1) accordance with this Xxxxxxxxx 00, Xxxxxx shall occur in the performance deliver to Lessor an executed copy of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublease, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases under such sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor.

Appears in 1 contract

Samples: Lease (Capstone Turbine Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of this the foregoing or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a subleaseRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases under such subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said sublessee(b) In the event of a Breach by Lessee, orLessor may, until the Breach has been curedat its option, against require sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any such prepaid rents and other charges so or security deposit paid by said such sublessee to Lessorsuch sublessor or for any prior Defaults or Breaches of such sublessor.

Appears in 1 contract

Samples: Agouron Pharmaceuticals Inc

Additional Terms and Conditions Applicable to Subletting. The Regardless of Lessor's consent, the following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, may receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this or any other assignment of such sublease to Lessor, Lessor nor by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach default exists in the performance perfomance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee Lessee agrees that such sublessee shall have the right to rely upon any such statement and request from Lessor Lessor, and that such sublessee shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said sublessee, or, until the Breach has been cured, against Lessor, sublessee or Lessor for any such rents and other charges so paid by said sublessee to Lessor.. (b) No sublease entered into by Lessee shall be effective unless and until it has been approved in writing by Lessor. In entering into any sublease, Lessee shall use only such form of sublessee as is satisfactory to Lessor, and once approved by Lessor, such sublease shall not be changed or modified without Lessor's prior written consent. Any sublease shall, by reason of entering into a sublease under this Lease, be deemed, for the benefit of Lessor, to have assumed and agreed to conform and comply with each and every obligation herein to be performed t)y Lessee other than such obligations as are contrary to or inconsistent with provisions contained in a sublease to which Lessor has expressly consented in writing. (c) In the event Lessee shall default in the performance of its obligations under this l ease. Lessor at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of Lessee under such sublease from the time of the exercise of said option to the termination of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to Lessee or for any other prior defaults of Lessee under such sublease. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) With respect to any subletting to which.h Lessor has consented, Lessor agrees to deliver a copy of any notice of default by Lessee to the sublessee. Such sublessee shall have the right to cure a default of Lessee within three (3) days after service of said notice of default upon such sub- lessee, and the sublessee shall have a right of reimbursement and offset from and against Lessee for any such defaults cured by the sublessee. 12.5

Appears in 1 contract

Samples: Northern Empire Bancshares

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of this the foregoing or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a subleaseRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases under such subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. (b) In the event of a Breach by Lessee, Lessor may, at its option, require sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease: provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any prior Defaults or Breaches of such sublessor. (c) Any matter requiring the consent of the sublessor under a sublease shall also require the consent of Lessor. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have no the right or claim to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against said sublessee, or, until the Breach has been cured, against Lessor, Lessee for any such rents and other charges so paid Defaults cured by said sublessee to Lessorthe sublessee. 13.

Appears in 1 contract

Samples: Hi Shear Technology Corp

Additional Terms and Conditions Applicable to Subletting. The Regardless of Lessor's consent, the following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, may receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this or any other assignment of such sublease to Lessor, nor Lessor not by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such sublease. Lessee hereby irrevocably authorizes and directs any such sublesseesubleases, upon receipt of a written notice from Lessor stating that a Breach default exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee Lessee agrees that such sublessee shall have the right to rely upon any such statement and request from Lessor Lessor, and that such sublessee shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said sublessee, or, until the Breach has been cured, against Lessor, sublessee or Lessor for any such rents and other charges so paid by said sublessee to Lessor.. (b) No sublease entered into by Lessee shall be effective unless and until it has been approved in writing by Lessor. In entering into any sublease, Lessee shall use only such form of sublease as is satisfactory to Lessor, and once approved by Lessor, such sublease shall not be changed or modified without Lessor's prior written consent. Any sublease shall, by reason of entering into a sublease under this Lease, be deemed, for the benefit of Lessor, to have assumed and agreed to conform and comply with each and every obligation herein to be performed by Lessee other than such obligations as are contrary to or inconsistent with provisions contained in a sublease to which Lessor has expressly consented in writing. (c) In the event Lessee shall default in the performance of its obligations under this Lease, Lessor at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of Lessee under such sublease from the time of the exercise of said option to the termination of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to Lessee or for any other prior defaults of Lessee under such sublease. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) With respect to any subletting to which Lessor has consented, Lessor agrees to deliver a copy of any notice of default by Lessee to the sublessee. Such sublessee shall have the right to cure a default of Lessee within three (3) days after service of said notice of default upon such sublessee, and the sublessee shall have a right of reimbursement and offset from and against Lessee for any such defaults cured by the sublessee. 12.5

Appears in 1 contract

Samples: Trio Tech International

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises Promises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such subleaseSublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period. if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee. 13.

Appears in 1 contract

Samples: Fee Agreement (Orange National Bancorp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor Xxxxxx stating that a Breach exists in the performance of LesseeXxxxxx's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. contrary Lessee shall have no right or claim against said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior Defaults or Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Xxxxxx to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Xxxxxx for any such Defaults cured by the sublessee.

Appears in 1 contract

Samples: Pacific Research & Engineering Corp

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee Tenant of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee Tenant hereby assigns and transfers to Lessor Landlord all of LesseeTenant's interest Interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by LesseeTenant, and Lessor Landlord may collect such rent and income and apply same toward LesseeTenant's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph paragraph 13.1) shall occur in the performance of LesseeTenant's obligations under this Lease, Lessee Tenant may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor Landlord shall not, by reason of this or any other assignment of such sublease to LessorLandlord, nor by reason of the collection of the rents from a subleasesubtenant, be deemed liable to the sublessee subtenant for any failure of Lessee Tenant to perform and comply with any of LesseeTenant's obligations to such subleases subtenant under such sublease. Lessee Tenant hereby irrevocably authorizes and directs any such sublesseesubtenant, upon receipt of a written notice from Lessor Landlord stating that a Breach exists in the performance of LesseeTenant's obligations under this Lease, to pay to Lessor Landlord the rents and other charges due and to become due under the sublease. Sublessee Subtenant shall rely upon any such statement and request from Lessor Landlord and shall pay such rents and other charges to Lessor Landlord without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee Tenant to the contrary. Lessee Tenant shall have no right or claim against said sublesseesubtenant, or, until the Breach has been cured, against LessorLandlord, for any such rents and other charges so paid by said sublessee subtenant to LessorLandlord. (b) In the event of a Breach by Tenant in the performance of its obligations under this Lease, Landlord, at its option and without any obligation to do so, may require any subtenant to attorn to Landlord, in which event Landlord shall undertake the obligations of the sublandlord under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Landlord shall not be liable for any prepaid rents or security deposit paid by such subtenant to such sublandlord or for any other prior Defaults or Breaches of such sublandlord under such sublease.

Appears in 1 contract

Samples: Industrial Lease (Big Dog Holdings Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee a)Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of this the foregoing or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a subleaseRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with .with any of Lessee's obligations to such subleases under such subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. (b)In the event of a Breach by Lessee, Lessor may, at its option, require sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of.said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any prior Defaults or Breaches of such sublessor. (c)Any matter requiring the consent of the sublessor under a sublease shall also require the consent of Lessor. (d)No sublessee shall further assign or sublet all or any part of the Premises without Lessors prior written consent. (e)Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have no the right or claim to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against said sublessee, or, until the Breach has been cured, against Lessor, Lessee for any such rents and other charges so paid Defaults cured by said sublessee to Lessorthe sublessee. 13.

Appears in 1 contract

Samples: Laser Pacific Media Corporation

Additional Terms and Conditions Applicable to Subletting. The Regardless of Lessor's consent, the following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, may receive, . collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this or any other assignment of such sublease to Lessor, Lessor nor by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach default exists in the performance of LesseeXxxxxx's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee Lessee agrees that such sublessee shall have the right to rely upon any such statement and request from Lessor Lessor, and that such sublessee shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said sublessee, or, until the Breach has been cured, against Lessor, sublessee or Lessor for any such rents and other charges so paid by said sublessee to Lessor.. (b) No sublease entered into by Lessee shall be effective unless and until it has been approved in writing by Lessor. In entering into any sublease, Lessee shall use only such form of sublessee as -is satisfactory to Lessor, and once approved by Lessor such sublease shall not be changed or modified without Lessors prior written consent. Any sublease shall, by reason of entering into a sublease under this Lease, be deemed, for the benefit of Lessor, to have assumed and agreed to conform and comply with each and every obligation herein to be performed by Lessee other than such obligations as are contrary to or inconsistent with provisions contained in a sublease to which Lessor has expressly consented in writing. (c) In the event Lessee shall default in the performance of its obligations under this Lease, Lessor at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of Lessee under such sublease from the time of the exercise of said option to the termination of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to Lessee or for any other prior defaults of Lessee under such sublease. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) With respect to any subletting to which Xxxxxx has consented, Xxxxxx agrees to deliver a copy of any notice of default by Xxxxxx to the sublessee. Such sublessee shall have the right to cure a default of Lessee within three (3) days after service of said notice of default upon such sublessee, and the sublessee shall have a right of reimbursement and offset from and against Lessee for any such defaults cured by the sublessee. 12.5

Appears in 1 contract

Samples: California Software (California Software Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee Tenant hereby absolutely and unconditionally assigns and transfers to Lessor Landlord all of Lessee's Tenant’s interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made entered into by LesseeTenant, and Lessor Landlord may collect such rent and income and apply same toward Lessee's Tenant’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's Tenant’s obligations under this Lease, Lessee may, except as otherwise provided in this Lease, Tenant may receive, collect collect, and enjoy the rents accruing under such sublease. Lessor Landlord shall not, by reason of this or any other assignment of such sublease rents to Lessor, Landlord nor by reason of the collection of the rents from a subleasesubtenant, be deemed to have assumed or recognized any sublease or to be liable to the sublessee subtenant for any failure of Lessee Tenant to perform and comply with any of Lessee's Tenant’s obligations to such subleases subtenant under such sublease, including, but not limited to, Tenant’s obligation to return any security deposit. Lessee Tenant hereby irrevocably authorizes and directs any such sublesseesubtenant, upon receipt of a written notice from Lessor Landlord stating that a Breach default exists in the performance of Lessee's Tenant’s obligations under this Lease, to pay to Lessor Landlord the rents and other charges due and to as they become due under the sublease. Sublessee Tenant agrees that such subtenant shall have the right to rely upon any such statement and request from Lessor Landlord, and that such subtenant shall pay such rents and other charges to Lessor Landlord without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee Tenant to the contrary. Lessee shall have no right or claim against said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor.

Appears in 1 contract

Samples: Office Lease Agreement (Cross Country Healthcare Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore heretofore, or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior Defaults or Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No subleases shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Samples: Source Scientific Inc

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee Tenant of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee Tenant hereby absolutely and unconditionally assigns and transfers to Lessor Landlord all of LesseeTenant's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made entered into by LesseeTenant, and Lessor Landlord may collect such rent and income and apply same toward LesseeTenant's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of LesseeTenant's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, Tenant may receive, collect and enjoy the rents accruing under such sublease. Lessor Landlord shall not, by reason of this or any other assignment of such sublease rents to Lessor, Landlord nor by reason of the collection of the rents from a subleasesubtenant, be deemed to have assumed or recognized any sublease or to be liable to the sublessee subtenant for any failure of Lessee Tenant to perform and comply with any of LesseeTenant's obligations to such subleases subtenant under such sublease, including, but not limited to, Tenant's obligation to return any security deposit. Lessee Tenant hereby irrevocably authorizes and directs any such sublesseesubtenant, upon receipt of a written notice from Lessor Landlord stating that a Breach default exists in the performance of LesseeTenant's obligations under this Lease, to pay to Lessor Landlord the rents and other charges due and to as they become due under the sublease. Sublessee Tenant agrees that such subtenant shall have the right to rely upon any such statement and request from Lessor Landlord, and that such subtenant shall pay such rents and other charges to Lessor Landlord without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee Tenant to the contrary. Lessee (b) In the event Tenant shall have no right or claim against default in the performance of its obligations under this Lease, Landlord at its option and without any obligation to do so, may require any subtenant to attorn to Landlord, in which event Landlord shall undertake the obligations of Tenant under such sublease from the time of the exercise of said sublesseeoption to the termination of such sublease; provided, orhowever, until the Breach has been cured, against Lessor, Landlord shall not be liable for any such prepaid rents and other charges so or security deposit paid by said sublessee such subtenant to LessorTenant or for any other prior defaults of Tenant under such sublease.

Appears in 1 contract

Samples: Lease by And (Cambex Corp)

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Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such subleaseSublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) in the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Samples: Lease Agreement (Sunrise Telecom Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; : provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of this the foregoing or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a subleaseRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases under such subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said sublessee(b) In the event of a Breach by Lessee, orLessor may, until the Breach has been curedat its option, against require sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any such prepaid rents and other charges so or security deposit paid by said such sublessee to Lessorsuch sublessor or for any prior Defaults or Breaches of such sublessor.

Appears in 1 contract

Samples: Magnetek Inc

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated thereinIncorporated there: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; : provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such subleaseSublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all of any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default of Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee. 13.

Appears in 1 contract

Samples: Chatcom Inc

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions 1. Lessee shall apply pay to Lessor as additional Base Rent, fifty percent (50%) of any subletting Profits (as defined below) actually received by Lessee of all pursuant to such approved assignment or sublease. Whenever Lessor is entitled to share in any part excess income resulting from an assignment or sublease of the Premises and Premises, the following shall be deemed included in all subleases under this Lease whether constitute the definition of "Profits"; the gross revenue received from the assignee or not expressly incorporated thereinsublessee during the sublease term or during the assignment, with respect to the space covered by the sublease or assignment ("Transferred Space"), less: (a) Lessee hereby assigns and transfers the gross revenue paid to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion by Lessee during the period of the Premises heretofore sublease term or hereafter made during the assignment with respect to the Transferred Space; (b) any improvement allowance or other economic concession (planning allowance, moving expenses, etc.) paid by Lessee to the sublessee or assignee; (c) brokers' commissions; (d) attorneys' fees; (e) lease takeover payments; (f) costs of advertising the space for sublease or assignment; (g) unamortized cost of initial and subsequent improvements to the Transferred Space by Lessee, ; and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease(h) any other costs actually paid in assigning or subletting the Transferred Space; provided, however, under no circumstances shall Lessor be paid any Profits until Lessee has recovered all of the items set forth in subparts (a) through (h) for such Transferred Space, it being understood that if in any year the gross revenues, less the deductions set forth in subparts (a) through (h) above (the "Net Revenues") are less than any and all costs actually paid in assigning or subletting the affected space (collectively "Transaction Costs"), the amount of the excess Transaction Costs shall be carried over to the next year and then deducted from Net Revenues with the procedure repeated until a Breach Profit is achieved. Within five (as defined 5) days of Lessee entering into a written sublease of the Premises in Paragraph 13.1) shall occur in the performance accordance with this Paraxxxxx 00, Xxxxxx xxxll deliver to Lessor an executed copy of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublease, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases under such sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor.

Appears in 1 contract

Samples: Capstone Turbine Corp

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Solely as security for Lessee's performance hereunder, Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such subleaseSublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee. 13.

Appears in 1 contract

Samples: Mossimo Inc

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: ; (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy said Rent. In the rents accruing under event that the amount collected by Lessor exceeds Lessee's obligations any such subleaseexcess shall be refunded to Lessee. Lessor shall not, by reason of this the foregoing or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a subleaseRent, be deemed liable to the sublessee Sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases under such subleaseSublessee. Lessee hereby irrevocably authorizes authorized and directs any such sublesseeSublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. (b) In the event of a Breach by Lessee, Lessor may, at its option, require Sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the Sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such Sublessee to such Sublessor or for any prior Defaults or Breaches of such Sublessor. (c) Any matter requiring the consent of the Sublessor under a sublease shall also require the consent of Lessor, if Lessor's consent for such matter would be required hereunder. (d) No Sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the Sublessee, who shall have no the right or claim to cure the Default of Lessee within the Grace period, if any, specified in such notice. The Sublessee shall have a right of reimbursement and offset from and against said sublessee, or, until the Breach has been cured, against Lessor, Lessee for any such rents and other charges so paid Defaults cured by said sublessee to Lessorthe Sublessee.

Appears in 1 contract

Samples: 4 Lease Agreement (World Waste Technologies Inc)

Additional Terms and Conditions Applicable to Subletting. The -------------------------------------------------------- following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such subleaseSublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) (c)Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice.

Appears in 1 contract

Samples: Improvement Agreement (Spectrian Corp /Ca/)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and end shall be deemed included in In all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest Interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in In the performance of Lessee's obligations under this LeaseObligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of this the foregoing or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a subleaseRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases under such subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublesseesubleases, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee Subleases shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said sublessee(b) In the event of a Breath by Lessee. Lessor may, orat its option, until the Breach has been cured, against require subleases to attorn to Lessor, In which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any such prepaid rents and other charges so or security deposit paid by said such sublessee to such sublessor or far any prior Defaults or Breaches of such sublessor. (c) Any matter requiring the consent of the sublessor under a sublease shall also require the consent of Lessor. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's poor written consent.

Appears in 1 contract

Samples: American Consolidated Management Group Inc

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of this the foregoing or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a subleaseRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases under such subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due all Rent Due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. (b) In the event of a Breach by Lessee, Lessor may, at its option, require sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any prior Defaults or Breaches of such sublessor. (c) Any matter requiring the consent of the sublessor under a sublease shall also require the consent of Lessor. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have no the right or claim to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against said sublessee, or, until the Breach has been cured, against Lessor, Lessee for any such rents and other charges so paid Defaults cured by said sublessee to Lessorthe sublessee.

Appears in 1 contract

Samples: Global Health Trax Inc

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of this the foregoing or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a subleaseRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to of such subleases under such subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee Sublease shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said sublessee(b) In the event of a Breach by Lessee, orLessor may, until the Breach has been curedat its option, against require sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any such prepaid rents and other charges so or security deposit paid by said such sublessee to Lessorsuch sublessor or for any prior Defaults or Breaches of sublessor.

Appears in 1 contract

Samples: Xoma Corp /De/

Additional Terms and Conditions Applicable to Subletting. The Regardless of Lessor's consent, the following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease heretofore of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; Lease provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in In the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, may receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this or any other assignment of Of such sublease to Lessor, Lessor nor by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such sublease. Lessee hereby irrevocably Irrevocably authorizes and directs any such sublesseesubleases, upon receipt of a written notice from Lessor stating that a Breach default exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee Lessee agrees that such sublease shall have the right to rely upon any such statement and request from Lessor and that such sublessee shall pay such rents and other charges to Lessor without any obligation or right to inquire Inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said sublessee, or, until the Breach has been cured, against Lessor, subleases or Lessor for any such rents and other charges so paid by said sublessee to Lessor, (b) No sublease entered Into by Lessee shall be effective unless and until it has been approved In writing by Lessor. In entering into any sublease, Lessee shall use only such form of sublessee as is satisfactory to Lessor, and once approved by Lessor, such sublease shall not be changed or modified without Lessor's prior written consent. Any sublease shall, by reason of entering Into a sublease under this Lease, be deemed, for the benefit of Lessor, to have assumed and agreed to conform and comply with each and every obligation herein to be performed by Lessee other than such obligations as are contrary to or Inconsistent with provisions contained In a sublease to which Lessor has expressly consented In writing. (c) In the event Lessee shall default In the performance of Its obligations under this Lease, Lessor at Its option and, without any obligation to do so, may require any sublessee to attorn to Lessor, In which event Lessor shall undertake the obligations of Lessee under such sublease from the time of the exercise of said option to the termination of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such subleases to Lessee or for any other prior defaults of Lessee under such sublease. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent.

Appears in 1 contract

Samples: Fee Agreement (Orange National Bancorp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; , provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this or any other assignment of such sublease to Lessor, nor by reason of the collection collections of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of to a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said sublessee, or, or until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease: provided, however, Lessor shall not be liable for any prepaid rents of security deposit paid by such sublessee to such sublessor or for any other prior Defaults or Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee 13.

Appears in 1 contract

Samples: Farah Inc

Additional Terms and Conditions Applicable to Subletting. The Regardless of Lessor's consent, the following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease heretofore of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; Lease provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in In the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, may receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, not by reason of this or any other assignment of such sublease to Lessor, Lessor nor by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such sublease. Lessee hereby irrevocably Irrevocably authorizes and directs any such sublesseesubleases, upon receipt of a written notice from Lessor stating that a Breach default exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee Lessee agrees that such sublease shall have the right to rely upon any such statement and request from Lessor and that such sublessee shall pay such rents and other charges to Lessor without any obligation or right to inquire Inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said sublessee, or, until the Breach has been cured, against Lessor, subleases or Lessor for any such rents and other charges so paid by said sublessee to Lessor, (b) No sublease entered Into by Lessee shall be effective unless and until it has been approved In writing by Lessor. In entering into any sublease, Lessee shall use only such form of sublessee as is satisfactory to Lessor, and once approved by Lessor, such sublease shall not be changed or modified without Lessor's prior written consent. Any sublease shall, by reason of entering Into a sublease under this Lease, be deemed, for the benefit of Lessor, to have assumed and agreed to conform and comply with each and every obligation herein to be performed by Lessee other than such obligations as are contrary to or Inconsistent with provisions contained In a sublease to which Lessor has expressly consented In writing. (c) In the event Lessee shall default in the performance of Its obligations under this Lease, Lessor at its option and, without any obligation to do 30, may require any sublessee to attorn to Lessor, In which event Lessor shall undertake the obligations of Lessee under such sublease from the time of the exercise of said option to the termination of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such subleases to Lessee or for any other prior defaults of Lessee under such sublease. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent.

Appears in 1 contract

Samples: Fee Agreement (Orange National Bancorp)

Additional Terms and Conditions Applicable to Subletting. The Regardless of Lessor's consent, the following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, may receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this or any other assignment of such sublease to Lessor, Lessor nor by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach default exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee Lessee agrees that such sublessee shall have the right to rely upon any such statement and request from Lessor Lessor, and that such sublessee shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee to the contrary. , Lessee shall have no right or claim against said sublessee, or, until the Breach has been cured, against Lessor, sublessee or Lessor for any such rents and other charges so paid by said sublessee to Lessor.. (b) No sublease entered into by Lessee shall be effective unless and until it has been approved in writing by Lessor. In entering into any sublease, Lessee shall use only such form of sublease as is satisfactory to Lessor, and once approved by Lessor, such sublease shall not be changed or modified without Lessor's prior written consent. Any subleases shall, by reason of entering into a sublease under this Lease, be deemed, for the benefit of Lessor, to have assumed and agreed to conform and comply with each and every obligation herein to be performed by Lessee other than such obligations as are contrary to or inconsistent with provisions contained in a sublease to which Lessor has expressly consented in writing. (c) In the event Lessee shall default in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do

Appears in 1 contract

Samples: Office Lease (NMXS Com Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a subleasesublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such subleases sublessee under such sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor Lxxxxx stating that a Breach exists in the performance of LesseeLxxxxx's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. contrary Lessee shall have no right or claim against said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior Defaults or Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lxxxxx to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lxxxxx for any such Defaults cured by the sublessee.

Appears in 1 contract

Samples: Pacific Research & Engineering Corp

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