Common use of Assignment of Lease Clause in Contracts

Assignment of Lease. For valuable consideration, the receipt of which is hereby acknowledged, the undersigned Avista Communications of Washington, Inc., a Washington corporation (“Assignor”), hereby assigns and transfers to Advanced TelCom Group, Inc., a Delaware corporation (“Assignee”), all of its right, title and interest in and to those certain Leases dated September 30th, 1999 and November 16th, 1998, (the “Leases”) by and between Yesterday’s Village, Inc., a Washington corporation (“Landlord”) and Assignor, as Tenant, leasing those certain premises described as 00 Xxxx Xxxxxx Xxxxxx, Xxxxx 000, 000, Xxxxxx, Xxxxxxxxxx 00000. Assignor hereby agrees that this assignment shall relieve Assignor of any liability or obligation under the Lease as of the effective date of this Assignment , 2001. Dated: ASSIGNOR: AVISTA COMMUNICATIONS OF WASHINGTON, INC. A Washington corporation By: Title: Assumption of Lease Assignee hereby accepts the foregoing assignment effective , 2001, and in consideration of Landlord’s consent thereto, Assignee agrees to be bound by and to faithfully, timely and fully perform all of the terms and conditions and agreements contained in the Leases, and to pay promptly all rental and other payments thereunder of whatever nature. Assignee warrants that it has read the Leases which are made a part hereof by this reference, and assumes all of Assignor’s duties and obligations under said Leases. Assignee further understands and agrees that Landlord’s consent to this assignment is not a consent to any subsequent assignments. This Assignment shall be binding upon Assignor and shall inure to the benefit of Assignee and its successors, heirs and assigns. Dated: ASIGNEE: ADVANCED TELCOM, INC. a Delaware corporation By: Title: Consent Landlord hereby consents to the foregoing assignment by Assignor to Assignee of the Leases, on the condition that Assignee will promptly pay all rents and other monies required under the Leases and this assignment, and will perform all terms, covenants and conditions therein to be performed by Tenant. Landlord’s consent contained herein does not in any way amend or modify the Leases or any of Landlord’s rights or Tenant’s obligations thereunder. Dated: LANDLORD: YESTERDAY’S VILLAGE, INC. a Washington corporation Subject to rooftop antenna [illegible] price nego. Between the parties within 30 days herein By: /s/ Del Xxxxxxxx Title: President, Yesterday’s Village

Appears in 1 contract

Samples: Lease (Eschelon Telecom Inc)

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Assignment of Lease. For valuable considerationEffective as of December 31, 2001 (the receipt of which is hereby acknowledged, the undersigned Avista Communications of Washington, Inc., a Washington corporation (“Assignor”------------------- "Assignment Commencement Date"), Assignor does hereby assigns assign, transfer, and transfers to Advanced TelCom Group, Inc., a Delaware corporation (“Assignee”), set over unto Assignee all of its the right, title and interest of Assignor in, to and under the Lease, as herein amended. Assignor, simultaneously herewith, assigns to Assignee, all of Assignor's right, title, and interest in and to those certain Leases dated September 30ththe leasehold improvements and all remaining tangible personal property (if any) located in the Premises including, 1999 without limitation, equipment, office supplies, furniture and November 16thfixtures (collectively, 1998, (the “Leases”) by and between Yesterday’s Village, Inc., a Washington corporation (“Landlord”) and Assignor, as Tenant, leasing those certain premises described as 00 Xxxx Xxxxxx Xxxxxx, Xxxxx 000, 000, Xxxxxx, Xxxxxxxxxx 00000"Assigned Property"). Assignor hereby agrees that this assignment shall relieve Assignor of any liability or obligation under the Lease as of the effective date of this Assignment , 2001. Dated: ASSIGNOR: AVISTA COMMUNICATIONS OF WASHINGTON, INC. A Washington corporation By: Title: Assumption of Lease Assignee hereby assumes and accepts the foregoing assignment on the terms and conditions set forth herein and effective upon the Assignment Commencement Date, 2001, assumes and in consideration of Landlord’s consent thereto, Assignee agrees to be bound by keep, observe and to faithfully, timely and fully perform all of the terms and terms, covenants, agreements, conditions and agreements contained in obligations of the LeasesLease on the part of the Assignor to be kept, observed and to pay promptly performed which accrue on or after the Assignment Commencement Date, including, without limitation, the payment of all rental rent (as modified by Section 5 below), additional costs, payments and other payments thereunder charges which accrue after the Assignment Commencement Date (collectively, the "Assumed Obligations"), with the same force and effect as if the Assignee instead of whatever nature. Assignee warrants that it has read Assignor had originally signed the Leases which are made a part hereof by this referenceLease, and assumes all of Assignor’s duties and obligations under said Leases. Assignee further understands and agrees that Landlord’s consent it shall, from and after the Assignment Commencement Date, be liable to this assignment is Landlord and its respective successors and assigns, for any failure to keep, observe or perform the same. Assignee shall not a consent be liable to Landlord for any subsequent assignments. This Assignment shall be binding upon Assignor and shall inure matters accruing under the Lease prior to the benefit Assignment Commencement Date. Assignor shall not be liable to Landlord for any matters accruing under the Lease after the Assignment Commencement Date. Assignee acknowledges that it currently occupies the Premises under the Sublease and accepts same in its "as-is, where-is" condition with no obligation on the part of Assignee and its successors, heirs and assigns. Dated: ASIGNEE: ADVANCED TELCOM, INC. a Delaware corporation By: Title: Consent Assignor or Landlord hereby consents to make any improvements to the foregoing assignment by Assignor to Assignee of the Leases, on the condition that Assignee will promptly pay all rents and other monies required under the Leases and this assignment, and will perform all terms, covenants and conditions therein to be performed by Tenant. Landlord’s consent contained herein does not in any way amend or modify the Leases or any of Landlord’s rights or Tenant’s obligations thereunder. Dated: LANDLORD: YESTERDAY’S VILLAGE, INC. a Washington corporation Subject to rooftop antenna [illegible] price nego. Between the parties within 30 days herein By: /s/ Del Xxxxxxxx Title: President, Yesterday’s Villagesame.

Appears in 1 contract

Samples: Lease Assignment and Modification Agreement (Trimeris Inc)

Assignment of Lease. For This ASSIGNMENT (this "Assignment") is made as of the 30th day of August, 1996, by and between Prudential Realty Acquisition Fund II Limited Partnership, a Delaware limited partnership having a principal place of business at 751 Xxxxx Xxxxxx, Xxxxxx, Xxx Xxxxxx ("Xeller"), and MGI 8 Forge Park, Inc., a Massachusetts corporation having a principal place of business at c/o MGI PROPERTIES, One Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000 ("Xuyer"). Buyer is today purchasing from Seller the land, with buildings and improvements thereon, known as 8 Foxxx Xxxx, Xxxxxxxx, Xxxxxxxxxxxxx, xxre particularly described in EXHIBIT A attached hereto (the "Premises"). In consideration of such purchase and the conveyance of the Premises by Seller and other valuable consideration, the receipt and sufficiency of which is hereby are mutually acknowledged, the undersigned Avista Communications of Washington, Inc., a Washington corporation (“Assignor”), parties agree as set forth below. Seller hereby assigns and transfers to Advanced TelCom GroupBuyer, Inc., a Delaware corporation (“Assignee”)without recourse, all of its Seller's right, title and interest as landlord in and to those certain Leases the lease dated September 30thFebruary 1, 1999 and November 16th1996, 1998, (the “Leases”) by and between Yesterday’s VillageSeller as landlord and Thermo Instrument Systems, Inc., a Washington corporation Inc. as tenant (“Landlord”) the "Lease"); and Assignor, as Tenant, leasing those certain premises described as 00 Xxxx Xxxxxx Xxxxxx, Xxxxx 000, 000, Xxxxxx, Xxxxxxxxxx 00000. Assignor hereby agrees that this assignment shall relieve Assignor of any liability or obligation under the Lease as owner of the effective Premises in all licenses, permits and approvals of governmental authorities with respect to the Premises (the "Permits"), with respect to the period from and after the date of this Assignment , 2001Assignment. Dated: ASSIGNOR: AVISTA COMMUNICATIONS OF WASHINGTON, INC. A Washington corporation By: Title: Assumption of Lease Assignee Buyer hereby accepts the foregoing assignment effective and assumes and agrees to perform all obligations of the landlord under the Lease and all obligations of the owner of the Premises under the Permits, 2001with respect to the period from and after the date of this Assignment. Seller makes no representation or warranty whatsoever with respect to the Lease and Permits. Seller hereby agrees to indemnify the Buyer against and hold the Buyer harmless from all costs, claims, and in consideration liabilities of Landlord’s consent theretothe landlord under the Lease arising with respect to the period prior to the date of this Assignment, Assignee and the Buyer hereby agrees to be bound by indemnify the Seller against and to faithfullyhold the Seller harmless from all costs, timely claims, and fully perform all liabilities of the terms and conditions and agreements contained in landlord under the Leases, and to pay promptly all rental and other payments thereunder of whatever nature. Assignee warrants that it has read the Leases which are made a part hereof by this reference, and assumes all of Assignor’s duties and obligations under said Leases. Assignee further understands and agrees that Landlord’s consent to this assignment is not a consent to any subsequent assignments. This Assignment shall be binding upon Assignor and shall inure Lease arising with respect to the benefit period from and after the date of Assignee and its successors, heirs and assigns. Dated: ASIGNEE: ADVANCED TELCOM, INC. a Delaware corporation By: Title: Consent Landlord hereby consents to the foregoing assignment by Assignor to Assignee of the Leases, on the condition that Assignee will promptly pay all rents and other monies required under the Leases and this assignment, and will perform all terms, covenants and conditions therein to be performed by Tenant. Landlord’s consent contained herein does not in any way amend or modify the Leases or any of Landlord’s rights or Tenant’s obligations thereunder. Dated: LANDLORD: YESTERDAY’S VILLAGE, INC. a Washington corporation Subject to rooftop antenna [illegible] price nego. Between the parties within 30 days herein By: /s/ Del Xxxxxxxx Title: President, Yesterday’s VillageAssignment.

Appears in 1 contract

Samples: Thermo Vision Corp

Assignment of Lease. For valuable considerationFOR VALUE RECEIVED, the receipt and sufficiency of which is are hereby acknowledged, the undersigned Avista Communications of WashingtonAlnylam U.S., Inc. f/k/a Alnylam Pharmaceuticals, Inc., having a Washington corporation principal address of 300 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx (“Assignor”), hereby assigns and transfers to Advanced TelCom Groupthe Alnylam Pharmaceuticals, Inc., its parent, having a Delaware corporation principal address of 300 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx (“Assignee”), all of its right, title and interest in and to those that certain Leases dated September 30th, 1999 and November 16th, 1998, Lease (the “LeasesLease”) dated as of September 26, 2003, by and between Yesterday’s VillageThree Hundred Third Street, Inc.LLC, a Washington corporation (“Landlord”) as Lessor, and the Assignor, as TenantLessee, leasing those certain relating to premises described as 00 Xxxx Xxxxxx located in 300 Xxxxx Xxxxxx, Xxxxx 000Xxxxxxxxx, 000Xxxxxxxxxxxxx, Xxxxxxas described in the Lease, Xxxxxxxxxx 00000a Notice of which is filed and recorded with the Middlesex South Registry of Deeds recorded in Book 41095, Page 076. Assignor hereby agrees that this assignment shall relieve Assignor of any liability or obligation under the Lease as of the effective date of this Assignment Further, 2001. Dated: ASSIGNOR: AVISTA COMMUNICATIONS OF WASHINGTON, INC. A Washington corporation By: Title: Assumption of Lease Assignee hereby accepts the foregoing such assignment effective , 2001, and in consideration of Landlord’s consent thereto, Assignee agrees to be bound by and to faithfully, timely and fully perform all of the terms and conditions and agreements contained in the Leases, and to pay promptly all rental and other payments thereunder of whatever nature. Assignee warrants that it has read the Leases which are made a part hereof by this reference, and assumes all of AssignorLessee’s duties and obligations under said Leases. Assignee further understands and agrees that Landlord’s consent to this assignment is not a consent to any subsequent assignmentsthe Lease. This Assignment shall be binding upon Assignor and of Lease shall inure to the benefit of and be binding upon Assignor and Assignee and its successors, heirs their respective successors and assigns. DatedEXECUTED as an instrument under seal as of the 28th day of February, 2006. ASSIGNEE: ASIGNEEASSIGNOR: ADVANCED TELCOMALNYLAM PHARMACEUTICALS, INC. a Delaware corporation By: Title: Consent Landlord hereby consents to the foregoing assignment by Assignor to Assignee of the Leases, on the condition that Assignee will promptly pay all rents and other monies required under the Leases and this assignment, and will perform all terms, covenants and conditions therein to be performed by Tenant. Landlord’s consent contained herein does not in any way amend or modify the Leases or any of Landlord’s rights or Tenant’s obligations thereunder. Dated: LANDLORD: YESTERDAY’S VILLAGEALNYLAM U.S., INC. f/k/a Washington corporation Subject to rooftop antenna [illegible] price nego. Between the parties within 30 days herein Alnylam Pharmaceuticals, Inc. By: /s/ Del Xxxxxxxx Pxxxxxxx X. Xxxxx By: /s/ Pxxxxxxx X. Xxxxx Name: Pxxxxxxx X. Xxxxx Title VP, Finance & Treasurer Name: Pxxxxxxx X. Xxxxx Title: PresidentTreasurer COMMONWEALTH OF MASSACHUSETTS Middlesex, Yesterday’s Villagess March 1, 2006 Before me, the undersigned notary public, personally appeared Pxxxxxxx Xxxxx, VP Finance & Treasurer, whose name is signed on the preceding document, and such person acknowledged to me that he signed such document voluntarily for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification, which was [_] photographic identification with signature issued by a federal or state governmental agency, [_] oath or affirmation of a credible witness, or [x] personal knowledge of the undersigned, /s/ Axx X. Xxxxxx Notary Public My Commission Expires: March 7, 2008 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss March 1, 2006 Before me, the undersigned notary public, personally appeared Pxxxxxxx Xxxxx, Treasurer, whose name is signed on the preceding document, and such person acknowledged to me that he signed such document voluntarily for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification, which was [_] photographic identification with signature issued by a federal or state governmental agency, [_] oath or affirmation of a credible witness, or [x] personal knowledge of the undersigned, /s/ Axx X. Xxxxxx Notary Public My Commission Expires: March 7, 2008

Appears in 1 contract

Samples: Lease (Alnylam Pharmaceuticals, Inc.)

Assignment of Lease. For valuable consideration, Effective as of _________________________ (the receipt of which is hereby acknowledged, the undersigned Avista Communications of Washington, Inc., a Washington corporation (AssignorAssignment Commencement Date”), Assignor does hereby assigns assign, transfer, and transfers to Advanced TelCom Group, Inc., a Delaware corporation (“Assignee”), set over unto Assignee all of its the right, title and interest in of Assignor in, to and to those certain Leases dated September 30th, 1999 and November 16th, 1998, (the “Leases”) by and between Yesterday’s Village, Inc., a Washington corporation (“Landlord”) and Assignor, as Tenant, leasing those certain premises described as 00 Xxxx Xxxxxx Xxxxxx, Xxxxx 000, 000, Xxxxxx, Xxxxxxxxxx 00000. Assignor hereby agrees that this assignment shall relieve Assignor of any liability or obligation under the Lease as herein modified. Assignor, simultaneously herewith, assigns to Assignee, all of Assignor’s right, title, and interest in and to the effective date of this Assignment leasehold improvements and all remaining tangible personal property (if any) located in the Remainder Premises (as hereinafter defined) including, 2001without limitation, equipment, office supplies, furniture and fixtures (collectively, the “Assigned Property”). Dated: ASSIGNOR: AVISTA COMMUNICATIONS OF WASHINGTON, INC. A Washington corporation By: Title: Assumption of Lease Assignee hereby assumes and accepts the foregoing assignment assignments on the terms and conditions set forth herein and, effective , 2001, and in consideration of Landlord’s consent theretoupon the Assignment Commencement Date (as hereinafter defined), Assignee assumes and agrees to be bound by keep, observe and to faithfully, timely and fully perform all of the terms and terms, covenants, agreements, conditions and agreements contained in obligations of the LeasesLease on the part of the Assignor to be kept, observed and to pay promptly performed, including, without limitation, the payment of all rental rent, additional costs, payments and other payments thereunder charges which accrue after the date hereof (collectively, the “Assumed Obligations”), with the same force and effect as if the Assignee instead of whatever nature. Assignee warrants that it has read Assignor had originally signed the Leases which are made a part hereof by this referenceLease, and assumes all of Assignor’s duties and obligations under said Leases. Assignee further understands and agrees that Landlord’s consent it shall from and after the Assignment Commencement Date be liable to this assignment Landlord and its respective successors and assigns, for any failure to keep, observe or perform the same. Assignor and Assignee, by their execution below, do hereby acknowledge their joint and several liability to Landlord under the Lease, and agree and acknowledge that their joint and several liability to Landlord thereunder is not a consent waived, discharged, modified, released, amended or otherwise altered by the assignment described herein except as hereinafter set forth. Notwithstanding the assignment of the Lease to any subsequent assignments. This Assignment shall be binding upon Assignor and shall inure Assignee or anything to the benefit of Assignee and its successorscontrary in the Assignment, heirs and assigns. Dated: ASIGNEE: ADVANCED TELCOM, INC. a Delaware corporation By: Title: Consent Landlord hereby consents to Assignor shall remain fully liable during the foregoing assignment by Assignor to Assignee unexpired Term of the Leases, on Lease for the condition that Assignee will promptly pay all rents and other monies required under the Leases and this assignment, and will perform all terms, covenants and conditions therein to be performed by Tenant. Landlord’s consent contained herein does not in any way amend or modify the Leases or any obligations of Landlord’s rights or Tenant’s obligations Tenant thereunder. Dated: LANDLORD: YESTERDAY’S VILLAGE, INC. a Washington corporation Subject to rooftop antenna [illegible] price nego. Between the parties within 30 days herein By: /s/ Del Xxxxxxxx Title: President, Yesterday’s Village.

Appears in 1 contract

Samples: Assignment and Assumption of Lease Agreement

Assignment of Lease. For valuable consideration, the receipt of which is hereby acknowledged, the undersigned Avista Communications of WashingtonFranklin Resources, Inc., a Washington Delaware corporation (“Assignor”"ASSIGNOR"), hereby assigns and transfers to Advanced TelCom GroupFranklin Tempxxxxx Xxxporate Services, Inc., a Delaware corporation (“Assignee”"ASSIGNEE"), all of its rightrights, title and interest in and to those that certain Leases lease dated September 30th, 1999 and November 16th2, 1998, (the “Leases”"LEASE") by and between Yesterday’s VillageSPIEXXX XXXPERTIES, Inc.L.P., a Washington corporation A CALIFORNIA LIMITED PARTNERSHIP ("LANDLORD"), as Landlord”) , and Assignor, as Tenant, leasing those certain premises described as 00 4760 Xxxxxxxx Xxxx Xxxxxx Xxxxxxxxx 4780 Xxxxxxxx Xxxx, Xxxxx 000Xxx Xxxxx, 000, Xxxxxx, Xxxxxxxxxx 00000Xxxxxxxxxx. Assignor Xxsignor hereby agrees that this assignment shall not relieve Assignor of any liability or obligation under the Lease, and that Assignor shall continue to remain liable under the Lease as a principal obligor and not as a surety, notwithstanding such assignment. Assignor further agrees that a subsequent modification or extension of the Lease shall not relieve Assignor of any liability or obligation under the Lease, as it may be modified or extended. This assignment is effective date as of this Assignment January 1, 20012000. Dated: January 6, 2000 ASSIGNOR: AVISTA COMMUNICATIONS Franklin Resources, Inc., a Delaware corporation BY: /s/ LESLXX X. XXXXXXX ------------------------ NAME: LESLXX X. XXXXXXX ---------------------- TITLE: Vice President --------------------- ASSUMPTION OF WASHINGTON, INC. A Washington corporation By: Title: Assumption of Lease LEASE Assignee hereby accepts the foregoing assignment effective January 1, 20012000, and in consideration of Landlord’s 's consent thereto, Assignee agrees to be bound by and to faithfully, timely and fully perform all of the terms and conditions and agreements contained in the LeasesLease, and to pay promptly all rental and other payments thereunder of whatever nature. Assignee warrants that it has read the Leases Lease which are is made a part hereof by this reference, and assumes all of Assignor’s duties and obligations under said Leases. Assignee further understands and agrees that Landlord’s consent to this assignment is not a consent to any subsequent assignments. This Assignment shall be binding upon Assignor and shall inure to the benefit of Assignee and its successors, heirs and assigns. Dated: ASIGNEEJanuary 6, 2000 ASSIGNEE: ADVANCED TELCOMFranklin Tempxxxxx Xxxporate Services, INC. Inc., a Delaware corporation ByBY: Title/s/ LESLXX X. XXXXXXX ------------------------ NAME: Consent LESLXX X. XXXXXXX ---------------------- TITLE: Vice President --------------------- Landlord hereby consents to the foregoing assignment by Assignor to Assignee of the LeasesLease, on the condition that (a) Assignee will promptly pay all rents and other monies required under the Leases Lease and this assignment, and will perform all terms, covenants and conditions therein to be performed by Tenant. Landlord’s consent contained herein does Tenant and (b) Assignor agrees to continue to remain liable under the Lease as principal obligor and not in any way amend or modify the Leases or any of Landlord’s rights or Tenant’s obligations thereunderas surety, notwithstanding such assignment. Dated: 1/13/00 LANDLORD: YESTERDAY’S VILLAGESPIEXXX XXXPERTIES, L.P., a California limited partnership BY: SPIEXXX XXXPERTIES, INC. a Washington corporation Subject to rooftop antenna [illegible] price nego. Between the parties within 30 days herein ., A MARYLAND CORPORATION ITS: general partner By: /s/ Del RICHXXX X. XXXXXX ---------------------------- Richxxx X. Xxxxxx ITS: Senior Vice President BY: /s/ MITCXXX X. XXXXXXXX ---------------------------- Mitcxxx X. Xxxxxxxx TitleITS: PresidentVice President THIS FIRST AMENDMENT TO LEASE ("First Amendment") is made and entered into as of March 15, Yesterday’s Village1999, by and between SPIEXXX XXXPERTIES, L.P., a California limited partnership ("Landlord"), and FRANKLIN RESOURCES, INC., a Delaware corporation ("Tenant").

Appears in 1 contract

Samples: Consent to Sublease Agreement (Intuit Inc)

Assignment of Lease. For good and valuable consideration, the receipt of which is hereby acknowledged, the undersigned Avista Communications of Washington, Inc., a Washington corporation (“Assignor”), hereby assigns and transfers to Advanced TelCom Group, Inc.3COM CORPORATION, a Delaware corporation ("Assignor"), does hereby sell, transfer, and convey to SSC II, L.P., a Delaware limited partnership ("Assignee"), all of its Assignor's right, title and interest, being all of the rights, title and interest in of Landlord in, to and to those under that certain Leases dated September 30th, 1999 and November 16th, 1998, commercial lease described on Schedule “1” attached hereto (the “Leases”) by and between Yesterday’s Village, Inc., a Washington corporation (“"Lease"). By accepting this Assignment of Assignor's interest as "Landlord”) and Assignor, as Tenant, leasing those certain premises described as 00 Xxxx Xxxxxx Xxxxxx, Xxxxx 000, 000, Xxxxxx, Xxxxxxxxxx 00000. Assignor hereby agrees that this assignment shall relieve Assignor of any liability or obligation " under the Lease as of (the effective date of this Assignment "Assignment”), 2001. Dated: ASSIGNOR: AVISTA COMMUNICATIONS OF WASHINGTON, INC. A Washington corporation By: Title: Assumption of Lease Assignee hereby accepts the foregoing assignment effective , 2001, assumes and in consideration of Landlord’s consent thereto, Assignee agrees to be bound by and to faithfully, timely and fully perform all of the terms terms, covenants and conditions of the Lease to be performed on the part of Assignor on and agreements contained in after the Leasesdate hereof, and agrees to pay promptly indemnify, protect, defend and hold Assignor harmless from and against all rental claims, damages, losses, costs and other payments thereunder expenses (including reasonable attorneys’ fees) arising in connection with the Assignee's failure to perform Assignee's obligations accruing on and after the date hereof under the Lease. Assignor hereby retains liability for all the obligations and liabilities of whatever nature. Assignee warrants that it has read Assignor under the Leases Lease which are made a part accrued prior to the date hereof by this reference, and assumes all of Assignor’s duties and obligations under said Leases. Assignee further understands and agrees that Landlord’s consent to this assignment is not a consent indemnify, protect, defend and hold Assignee harmless from and against all claims, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising in connection with the Assignor's failure to any subsequent assignmentsperform Assignor's obligations accruing prior to the date hereof under the Lease. This Assignment may be executed in counterparts, which taken together, shall be binding upon Assignor constitute one and shall inure to the benefit same agreement. Dated this _____ day of Assignee and its successors__________, heirs and assigns2006. DatedASSIGNOR: ASIGNEE: ADVANCED TELCOM3COM CORPORATION, INC. a Delaware corporation By: TitleIts: Consent Landlord hereby consents to the foregoing assignment by Assignor to Assignee of the LeasesASSIGNEE: SSC II, on the condition that Assignee will promptly pay all rents and other monies required under the Leases and this assignmentL.P., and will perform all termsa Delaware limited partnership By SPEAR STREET CAPITAL, covenants and conditions therein to be performed by Tenant. Landlord’s consent contained herein does not in any way amend or modify the Leases or any of Landlord’s rights or Tenant’s obligations thereunder. Dated: LANDLORD: YESTERDAY’S VILLAGELLC, INC. a Washington corporation Subject to rooftop antenna [illegible] price nego. Between the parties within 30 days herein By: /s/ Del Xxxxxxxx Title: PresidentDelaware limited liability company, Yesterday’s Villageits general partner By XXXXXX HOLDINGS, LLC, a Delaware limited liability company, its manager By Xxxx X. Xxxxxx Sole Member

Appears in 1 contract

Samples: Purchase and Sale Agreement (3com Corp)

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Assignment of Lease. For valuable considerationSTATE OF TENNESSEE ) ) ASSIGNMENT OF LEASE COUNTY OF SHELBY ) FOR VALUABLE CONSIDERATION, and in consideration of the receipt agreements of which is hereby acknowledged, the undersigned Avista Communications of Washington, Inc., parties set forth in a Washington corporation certain Asset Purchase Agreement (“AssignorAgreement)) of even date herewith by and between NEW HORIZONS COMPUTER LEARNING CENTER OF NASHVILLE, hereby assigns and transfers to Advanced TelCom Group, Inc.INC., a Delaware corporation (herein called AssigneeASSIGNOR”), and GBWH NASHVILLE, LLC, a Tennessee limited liability company (herein called “ASSIGNEE”), the undersigned ASSIGNOR does hereby set over, transfer, sell and assign unto ASSIGNEE all of its ASSIGNOR’S right, title and interest in and to those certain Leases dated September 30th, 1999 the following described lease and November 16th, 1998, agreements (the “LeasesFacilities Lease”) entered into by and between Yesterday’s Village, Inc., a Washington corporation (“Landlord”) and AssignorASSIGNOR, as Tenanttenant or lessee, leasing those certain premises described as 00 Xxxx and the landlord or lessor named below: Name of Landlord: Address of Premises: 000 Xxxxxx XxxxxxXxxxxxx Xxxxx, Xxxxx 000, 000Xxxxxxxxx, XxxxxxXxxxxxxxx Date of Lease: , Xxxxxxxxxx 00000. Assignor hereby agrees that this assignment shall relieve Assignor of any liability or obligation under the Lease as of the effective date of this Assignment , 2001. DatedAmendments: ASSIGNOR: AVISTA COMMUNICATIONS OF WASHINGTON, INC. A Washington corporation By: Title: Assumption of Lease Assignee hereby accepts the foregoing assignment effective , 2001, and in consideration of Landlord’s consent thereto, Assignee agrees to be bound by and to faithfully, timely and fully perform all of the terms and conditions and agreements contained in the Leases, and to pay promptly all rental and other payments thereunder of whatever nature. Assignee ASSIGNOR warrants that it has read the Leases which are made a part hereof by this reference, and assumes all of Assignor’s duties and obligations under said Leases. Assignee further understands and agrees that Landlord’s consent to this assignment is not a consent to any subsequent assignments. This Assignment shall be binding upon Assignor and shall inure to the benefit of Assignee and its successors, heirs and assigns. Dated: ASIGNEE: ADVANCED TELCOM, INC. a Delaware corporation By: Title: Consent Landlord hereby consents full title to the foregoing assignment leasehold estate, the Facilities Lease is in full force and effect, no condition or state of facts exists which (with or without the giving of notice and/or the lapse of time) would constitute a default by Assignor ASSIGNOR or, to Assignee the Knowledge (as defined in the Agreement) of ASSIGNOR, by any other party to the Facilities Lease, and ASSIGNOR has the power and right to assign its rights as herein provided (subject to the approval of the Leaseslandlord above named). By its execution below, on the condition that Assignee will promptly pay all rents and other monies required under the Leases and this assignmentASSIGNEE agrees to assume, and will to pay, perform and abide by, all of the obligations, indebtedness, terms, covenants provisions and conditions therein undertaken to be paid, performed or complied with by Tenant. Landlord’s consent contained herein does not in ASSIGNOR under or pursuant to the Facilities Lease at any way amend or modify the Leases or any of Landlord’s rights or Tenant’s obligations thereunder. Dated: LANDLORD: YESTERDAY’S VILLAGEtime from and after May 1, INC. a Washington corporation Subject to rooftop antenna [illegible] price nego. Between the parties within 30 days herein By: /s/ Del Xxxxxxxx Title: President, Yesterday’s Village2006.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (New Horizons Worldwide Inc)

Assignment of Lease. For valuable considerationSTATE OF TENNESSEE ) ) ASSIGNMENT OF LEASE COUNTY OF SHELBY ) FOR VALUABLE CONSIDERATION, and in consideration of the receipt agreements of which is hereby acknowledged, the undersigned Avista Communications of Washington, Inc., parties set forth in a Washington corporation certain Asset Purchase Agreement (“AssignorAgreement)) of even date herewith by and between NEW HORIZONS COMPUTER LEARNING CENTER OF MEMPHIS, hereby assigns and transfers to Advanced TelCom Group, Inc.INC., a Delaware corporation (“Assigneeherein called “ASSIGNOR”), and INTEGRATED LEARNING SOLUTIONS MEMPHIS, LLC, a Tennessee limited liability company (herein called “ASSIGNEE”), the undersigned ASSIGNOR does hereby set over, transfer, sell and assign unto ASSIGNEE all of its ASSIGNOR’S right, title and interest in and to those certain Leases dated September 30th, 1999 the following described lease and November 16th, 1998, agreements (the “LeasesFacilities Lease”) entered into by and between Yesterday’s Village, Inc., a Washington corporation (“Landlord”) and AssignorASSIGNOR, as Tenant, leasing those certain premises described as 00 Xxxx Xxxxxx Xxxxxx, Xxxxx 000, 000, Xxxxxx, Xxxxxxxxxx 00000. Assignor hereby agrees that this assignment shall relieve Assignor of any liability tenant or obligation under the Lease as of the effective date of this Assignment , 2001. Dated: ASSIGNOR: AVISTA COMMUNICATIONS OF WASHINGTON, INC. A Washington corporation By: Title: Assumption of Lease Assignee hereby accepts the foregoing assignment effective , 2001lessee, and in consideration the landlord or lessor named below: Name of Landlord’s consent thereto: Address of Premises: 0000 Xxxxxxxx Xxx, Assignee agrees to be bound by and to faithfullyXxxxxxx, timely and fully perform all Xxxxxxxxx Date of the terms and conditions and agreements contained in the LeasesLease: , and to pay promptly all rental and other payments thereunder of whatever nature. Assignee Amendments: ASSIGNOR warrants that it has read the Leases which are made a part hereof by this reference, and assumes all of Assignor’s duties and obligations under said Leases. Assignee further understands and agrees that Landlord’s consent to this assignment is not a consent to any subsequent assignments. This Assignment shall be binding upon Assignor and shall inure to the benefit of Assignee and its successors, heirs and assigns. Dated: ASIGNEE: ADVANCED TELCOM, INC. a Delaware corporation By: Title: Consent Landlord hereby consents full title to the foregoing assignment leasehold estate, the Facilities Lease is in full force and effect, no condition or state of facts exists which (with or without the giving of notice and/or the lapse of time) would constitute a default by Assignor ASSIGNOR or, to Assignee the Knowledge (as defined in the Agreement) of ASSIGNOR, by any other party to the Facilities Lease, and ASSIGNOR has the power and right to assign its rights as herein provided (subject to the approval of the Leaseslandlord above named). By its execution below, on the condition that Assignee will promptly pay all rents and other monies required under the Leases and this assignmentASSIGNEE agrees to assume, and will to pay, perform and abide by, all of the obligations, indebtedness, terms, covenants provisions and conditions therein undertaken to be paid, performed or complied with by Tenant. Landlord’s consent contained herein does not in ASSIGNOR under or pursuant to the Facilities Lease at any way amend or modify the Leases or any of Landlord’s rights or Tenant’s obligations thereunder. Dated: LANDLORD: YESTERDAY’S VILLAGEtime from and after May 1, INC. a Washington corporation Subject to rooftop antenna [illegible] price nego. Between the parties within 30 days herein By: /s/ Del Xxxxxxxx Title: President, Yesterday’s Village2006.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (New Horizons Worldwide Inc)

Assignment of Lease. For valuable consideration, the receipt of which is hereby acknowledged, the undersigned Avista Communications of WashingtonTyphoon Capital Consultants, Inc.LLC, a Washington corporation d.b.a.: Ventxxx-Xxxxxxxx.xxx (“Assignor”"XSSIGNOR"), hereby assigns and transfers to Advanced TelCom Group, Inc.Inland Entertainment Corporation, a Delaware Utah corporation (“Assignee”"ASSIGNEE"), all of its right, title and interest in and to those that certain Leases Lease dated September 30thMarch 22, 1999 and November 16th, 19981999, (the “Leases”"LEASE") by and between Yesterday’s VillageSPIEXXX XXXPERTIES, Inc.L.P., a Washington corporation A CALIFORNIA LIMITED PARTNERSHIP ("LANDLORD"), as Landlord”) , and Assignor, as Tenant, leasing those certain premises described as 00 approximately 852 rentable square feet located at 3420 Xxxxx Xxxx Xxxxxx Xxxxxxxxx, Xxxxx 0000, Xxxxx Xxxxxx, Xxxxx 000, 000, Xxxxxx, Xxxxxxxxxx XX 00000. Assignor Xxsignor and Sanjxx Xxxxxxx ("XUARANTOR") hereby agrees agree that this assignment shall not relieve Assignor of any liability or obligation under the Lease, or such guarantor of any liability or obligation under its guaranty of the Lease, and that Assignor shall continue to remain liable under the Lease as a principal obligor and not as a surety, and such guarantor shall continue to remain liable under its guaranty of the Lease, in each case notwithstanding such assignment. Assignor further agrees that a subsequent modification or extension of the Lease shall not relieve Assignor or any guarantor of the Lease of any liability or obligation under the Lease or any guaranty of the Lease. This assignment is effective date as of this Assignment September 7, 20011999. Dated: 9/28/99 ASSIGNOR: AVISTA COMMUNICATIONS OF WASHINGTON/s/ Sanjxx Xxxxxxx -------------------------------------- a Typhoon Capital Consultants, INC. A Washington corporation LLC, DBA / Ventxxx-Xxxxxxxx.xxx By: Sanjxx Xxxxxxx Title: Assumption of Lease President [GUARANTOR: /s/ Sanjxx Xxxxxxx ------------------------------------- a ------------------------------ By: Sanjxx Xxxxxxx Title: President ] ASSUMPTION OF LEASE Assignee hereby accepts the foregoing assignment effective September 7, 20011999, and in consideration of Landlord’s consent Landxxxx'x xonsent thereto, Assignee agrees to be bound by and to faithfully, timely and fully perform all of the terms and conditions and agreements contained in the LeasesLease, and to pay promptly all rental and other payments thereunder of whatever nature. Assignee warrants that it has read the Leases Lease which are is made a part hereof by this reference, and assumes all of Assignor’s duties and obligations under said Leases. Assignee further understands and agrees that Landlord’s consent Landxxxx'x xonsent to this assignment is not a consent to any subsequent assignments. This Assignment Assignee agrees that if, at any time during the remaining term of the Lease, it seeks a future assignment, Assignee shall be binding upon Assignor and shall inure pay to Landlord a sum equal to Two Hundred Fifty Dollars ($250.00) for Landlord's review of the benefit of Assignee and its successorsproposed assignment, heirs and assigns. Dated: ASIGNEE: ADVANCED TELCOM, INC. a Delaware corporation By: Title: Consent whether or not Landlord hereby consents to the foregoing assignment by Assignor to Assignee of the Leases, on the condition that proposed assignment. Assignee will promptly pay all rents and other monies required under the Leases and this assignment, and will perform all terms, covenants and conditions therein to be performed by Tenant. Landlord’s consent contained herein does not in any way amend or modify the Leases or any of Landlord’s rights or Tenant’s obligations thereunder. Dated: LANDLORD: YESTERDAY’S VILLAGE, INC. a Washington corporation Subject to rooftop antenna [illegible] price nego. Between the parties within 30 days herein By: /s/ Del Xxxxxxxx Title: President, Yesterday’s VillageLandxxxx'x xctual attorneys' fees incurred for reviewing,

Appears in 1 contract

Samples: Inland Entertainment Corp

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