Common use of Assignment or Subletting Clause in Contracts

Assignment or Subletting. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord in each instance. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s rights under this Article as to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Lease.

Appears in 2 contracts

Sources: Lease (Wireless Ronin Technologies Inc), Lease Agreement (Wireless Ronin Technologies Inc)

Assignment or Subletting. Tenant acknowledges that Landlord has entered into this Lease because of Tenant's financial strength, goodwill, ability and expertise and that accordingly, this lease is personal to Tenant. Taking this into consideration, tenant shall not assign, mortgage, sublet, pledge or encumber this Lease, in whole or in part, except with the written consent of the Landlord, which shall not be unreasonably withheld or delayed. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposesthat, in the manner and to substantially event of any such assignment or subletting, Tenant shall nevertheless remain liable for the extent now intendedperformance of all terms, covenants, and not conditions of this Lease. In the event the Landlord consents to transfer an assignment of the Lease, any money or assign this Lease or sublet said Demised consideration to be paid to Tenant for the assignment shall be paid to the Landlord as partial consideration for the Landlord's consent to the assignment. In the event the Landlord consents to a sublease of the Premises, or any part portion thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord in each instance. Tenant shall seek such consent of pay to the Landlord a sum equal to (1) any money, rent or other consideration paid to the Tenant by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment of this Lease or to any subletting subtenant in excess of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s rights under this Article as to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all pro-rata portion of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is rent for such space then being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this LeaseLease and (2) any other profit or gain realized by the Tenant from such subletting. All sums payable hereunder by Tenant shall be paid to Landlord as additional rent immediately upon the receipt thereof by Tenant.

Appears in 2 contracts

Sources: Lease Agreement (Bioanalytical Systems Inc), Lease Agreement (Vanda Pharmaceuticals Inc.)

Assignment or Subletting. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof Lease Term for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said the Demised Premises, Premises or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord in each instance. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Landlord agrees not to withhold or delay consent unreasonably. Consent by Landlord to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s 's rights under this Article paragraph 21 as to any subsequent assignment or subletting. Landlord’s 's rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing by Tenant shall relieve the Tenant from any of Tenant’s its obligations in under this Lease containedLease, nor shall any assignment or sublease or other transfer of this Lease by Tenant be effective unless the assignee, subtenant sublessee or transferee shall at the time of such assignment, sublease or transfer, transfer assume in writing for the benefit of Landlord, its successors and or assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant Tenant, and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Leasehereby.

Appears in 2 contracts

Sources: Office/Warehouse Lease (Possis Medical Inc), Office/Warehouse Lease (Possis Medical Inc)

Assignment or Subletting. That should the Tenant agrees desire to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease agreement or sublet underlet said Demised Premisespremises, it shall first offer same to Landlord at the rental set forth herein. Should Landlord not accept the assignment or underletting offered or not respond within twenty (20) days of receipt of Tenant's written offer, then Tenant shall be allowed to assign this agreement or underlet the premises provided that the Tenant shall not (a) assign this agreement, or underlet or underlease the premises or any part thereof, whether by voluntary act, operation of law, or otherwise, thereof without obtaining the prior written consent of Landlord in each instanceLandlord, which consent will not be unreasonably withheld or delayed; provided, however, that notwithstanding such assignment, Tenant shall not thereby be relieved from responsibility hereunder, or (b) permit or suffer the premises or any part thereof to be occupied for any business or purpose deemed disreputable or extra-hazardous on account of fire, under penalty of damages and forfeiture. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s rights under this Article as to any subsequent assignment or subletting. Landlord’s rights permitted to assign this Lease are lease or sublet the premises without Landlord's consent and shall remain unqualifiedwithout first offering the premises to Landlord if the proposed sublease or assignee is an entity owned by, controlled by, affiliated with, or is the Parent Company of the Tenant. No such assignment or subleasing shall relieve In the event that the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, enters into an agreement to sell all of its stock of Yardville National Bank, it is permissible under the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this LeaseAgreement.

Appears in 2 contracts

Sources: Office Lease (Yardville National Bancorp), Office Lease (Yardville National Bancorp)

Assignment or Subletting. 10.1 Tenant shall not have the right to assign the option contained in Article 14 or this Lease. Tenant may sublease the Premises to any sublessee for any Permitted Use without Landlord’s consent provided any such sublessee agrees to comply with all terms of this Lease. Any use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining than a Permitted Use shall require the prior written consent of Landlord in each instance. Tenant shall seek such Landlord, which consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be unreasonably withheld. Consent to one assignment, subletting, or use by any person other than Tenant shall not be deemed to be consent to a waiver of Landlord’s rights under this Article as subsequent assignment, subletting, or use by any other person. In considering whether or not to any subsequent grant such consent, Landlord may consider, among other things, the proposed tenant's use, character, credit, and professional standing. Any assignment or subletting. subletting not in compliance with the provisions of this paragraph shall be a material breach of the Lease, voidable and, at Landlord’s rights to assign 's option, shall terminate this Lease are and shall remain unqualifiedLease. No such subletting or assignment or subleasing shall relieve the Tenant from any liability hereunder unless Landlord executes a written release of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of Tenant from such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Leaseliability.

Appears in 1 contract

Sources: Lease and Purchase Option Agreement

Assignment or Subletting. Tenant agrees not to use and occupy assign or in any manner ------------------------ transfer this Lease or any interest in this Lease without the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intendedprevious written consent of Landlord, and not to transfer or assign this Lease or sublet said Demised Premises, the Premises or any part thereofof the Premises or allow anyone to use or to come in, whether by voluntary actwith, operation of lawthrough or under it without like consent, or otherwisewhich consent, without obtaining the prior written consent of Landlord in each instancecase, will not be unreasonably withheld. Tenant Upon any attempted unconsented to assignment or sublease, Landlord shall seek have the right to terminate this Lease. One such consent of Landlord by will not be deemed a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord consent to any assignment subsequent assignment, subletting, occupation or use by any other person. Any sublease on the Premises executed by Tenant and a third party must terminate when the Term of this Lease or to any subletting expires. The acceptance of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s rights under this Article as to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant rent from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the an assignee, subtenant or transferee shall at occupant will not constitute a release of Tenant from the time further performance of the obligations of Tenant contained in this Lease. In the event of any such assignment, assignment or sublease of all or any portion of the Premises where the rental or other consideration reserved in the sublease or transfer, assume in writing for by the benefit of Landlord, its successors and assigns, all assignment exceeds the rental or pro rata portion of the termsrental, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree as the case may be, for such space reserved in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase Tenant agrees to pay Landlord monthly, as additional rent, on the Rent Day, the excess of the rental net of recovery of Tenant-paid improvement costs or other consideration reserved in rental received by Tenant the sublease or assignment over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be reserved in addition this Lease applicable to the Base Rent and Additional Rent due Landlord under this Leasesubleased/assigned space.

Appears in 1 contract

Sources: Lease Agreement (Aastrom Biosciences Inc)

Assignment or Subletting. A. Tenant agrees to use and occupy shall not (i) assign, convey or mortgage this Sublease or any interest under it; (ii) allow any transfer thereof or any lien upon Tenant's interest by operation of law; (iii) further sublet the Demised Sub-leased Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether ; or (iv) permit the occupancy of the Sub-leased Premises or any part thereof by voluntary act, operation of law, or otherwise, without obtaining the prior written anyone other than Tenant. Landlord's consent of Landlord in each instance. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any an assignment of this Lease Sublease or to any subletting a further sublease of the Demised Sub-leased Premises shall be at Landlord’s sole discretion and shall not be a waiver unreasonably withheld, and if Landlord consents thereto, Landlord shall use reasonable efforts to obtain the consent of Prime Landlord if such consent is required to be obtained under the Prime Lease. Any cost of obtaining Prime Landlord’s rights under this Article as to 's consent shall be borne by Tenant. B. No permitted assignment shall be effective and no permitted sublease shall commence unless and until any subsequent default by Tenant hereunder shall have been cured. No permitted assignment or subletting. Landlord’s rights subletting shall relieve Tenant from Tenant's obligations and agreements hereunder and Tenant shall continue to assign this Lease are be liable as a principal and shall remain unqualified. No such not as a guarantor or surety to the same extent as though no assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Leasesubletting had been made.

Appears in 1 contract

Sources: Purchase Agreement (Stockgroup Information Systems Inc)

Assignment or Subletting. That should the Tenant agrees desire to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease agreement or sublet underlet said Demised Premisespremises, it shall first offer same to Landlord at the rental set forth herein. Should Landlord not accept the assignment or underletting offered or not respond within twenty (20) days of receipt of Tenant's written offer, then Tenant shall be allowed to assign this agreement or underlet the premises provided that the Tenant shall not (a) assign this agreement, or underlet or underlease the premises or any part thereof, whether by voluntary act, operation of law, or otherwise, thereof without obtaining the prior written consent of Landlord in each instanceLandlord, which consent will not be unreasonably withheld or delayed: provided, however, that notwithstanding such assignment, Tenant shall not thereby be relieved from responsibility hereunder, or (b) permit or suffer the premises or any part thereof to be occupied for any business or purpose deemed disreputable or extra-hazardous on account of fire, under penalty of damages and forfeiture. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s rights under this Article as to any subsequent assignment or subletting. Landlord’s rights permitted to assign this Lease are lease or sublet the premises without Landlord's consent and shall remain unqualifiedwithout first offering the premises to Landlord if the proposed sublease or assignee is an entity owned by, controlled by, affiliated with, or is the Parent Company of the Tenant. No such assignment or subleasing shall relieve In the event that the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, enters into an agreement to sell all of its stock of Yardville National Bank, it is permissible under the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this LeaseAgreement.

Appears in 1 contract

Sources: Office Lease (Yardville National Bancorp)

Assignment or Subletting. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this ------------------------ Lease or sublet said Demised PremisesProperty, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord in each instance. Notwithstanding the foregoing, Tenant may, without the consent of Landlord, assign its rights and obligations hereunder to any corporation or entity with which or into which Tenant may merge or consolidate. Tenant shall seek such any required consent of Landlord by a written request therefortherefore, setting forth such information as Landlord may reasonably deem necessary. Consent by Landlord to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and Property shall not be a waiver of Landlord’s rights 's right under this Article paragraph as to any subsequent assignment or subletting. Landlord’s 's rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s 's obligations contained in this Lease containedLease, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and or assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Lease.

Appears in 1 contract

Sources: Lease (Spectrum Control Inc)

Assignment or Subletting. Tenant agrees to use and occupy A. Subtenant shall not (i) assign, convey or mortgage this Sublease or any interest under it; (ii) allow any transfer thereof or any lien upon Subtenant's interest by operation of law; (iii) further sublet the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether or (iv) permit the occupancy of the Premises or any part thereof by voluntary act, operation of law, or otherwise, anyone other than Subtenant without obtaining the prior written consent of Sublandlord and Prime Landlord and subject to all other subletting requirements in each instancethe Prime Lease. Tenant shall seek such Sublandlord's consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any an assignment of this Lease Sublease or to any subletting a further sublease of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver unreasonably withheld. Any cost of obtaining Prime Landlord’s rights under this Article as to 's consent shall be borne by Subtenant. B. No permitted assignment shall be effective and no permitted sublease shall commence unless and until any subsequent default by Subtenant hereunder shall have been cured. No permitted assignment or subletting. Landlord’s rights subletting shall relieve Subtenant from Subtenant's obligations and agreements hereunder and Subtenant shall continue to assign this Lease are be liable as a principal and shall remain unqualified. No such not as a guarantor or surety to the same extent as though no assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Leasesubletting had been made.

Appears in 1 contract

Sources: Sublease (Aquantive Inc)

Assignment or Subletting. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord in each instance. Tenant shall seek such consent of Landlord by a written request thereforrequest, setting forth such information as Landlord may deem necessary. Landlord agrees not to withhold consent unreasonably. Consent by Landlord to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s 's rights under this Article as to any subsequent assignment or subletting. Landlord’s 's rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s 's obligations in this Lease contained, contained nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant sublessee, or transferee shall at the time of such assignment, sublease sublease, or transfer, assume in writing for the benefit of Landlord, its successors and successors, or assigns, all of the terms, covenants covenants, and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant tenant sublease in accordance with the terms of this Lease, fifty percent (50%) of any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Lease.

Appears in 1 contract

Sources: Office/Warehouse Lease (Fieldworks Inc)

Assignment or Subletting. Tenant Lessee agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord Lessor in each instance. Tenant Lessee shall seek such consent of Landlord Lessor by a written request therefor, thereof setting forth such information as Landlord Lessor may deem necessary. Lessor agrees not to withhold consent unreasonably. Consent to any assignment or subletting shall not relieve Lessee of its obligations hereunder. Consent by Landlord Lessor to any an assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall should not be a waiver of Landlord’s Lessor's rights under this Article as to any subsequent assignment or subletting. Landlord’s Lessor's rights to assign this Lease are and shall should remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease shall be effective unless the assignee, subtenant sublessee or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of LandlordLessor, its successors and or assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant Lessee and shall agree in writing to be bound thereby. Should Tenant Lessee sublease in accordance with the terms of this Lease, fifty percent (50%) of any increase in rental received by Tenant Lessee over the per square foot rental rate which is being paid by Tenant Lessee shall be forwarded to and retained by LandlordLessor, which increase shall be in addition to the Base Rent and Additional Rent due Landlord Lessor under this Lease.

Appears in 1 contract

Sources: Office/Warehouse Lease (Childrens Broadcasting Corp)

Assignment or Subletting. Tenant agrees to use and occupy A. Neither this Lease nor any interest therein nor claim hereunder shall be assigned or transferred by the Demised Premises throughout Lessor without the entire term hereof for the purpose or purposes herein specified and for no other purposesLessee’s prior written consent. Such consent shall not be unreasonably withheld. B. Lessee may assign this Lease, in the manner whole or in part, to DOE or to such party as DOE may designate to perform Lessee’s obligations hereunder. Upon receipt by Lessor of written notice that DOE or a party so designated by DOE or Lessee has accepted an assignment of this Lease, Lessee shall be relieved of all responsibility hereunder and thereafter Lessor shall look solely to substantially the extent now intended, and such assignee for performance of Lessee’s obligations. C. Lessee will not to transfer or assign encumber this Lease or sublet said Demised Premisesthe Premises without Lessor’s written consent, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written which consent of Landlord in each instance. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall will not be a waiver of Landlord’s rights under this Article unreasonably withheld. Should the Lease be sublet as to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations provided in this Lease containedClause, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of Lessee will remain primarily liable on this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlordbut Lessor, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Leaseat its option, may demand payment of rent from Lessee or Lessee’s sub-lessees.

Appears in 1 contract

Sources: Lease Agreement

Assignment or Subletting. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose shall not assign, mortgage or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign encumber this Lease nor sublet or sublet said Demised Premises, permit the Leased Premises or any part thereof, whether thereof to be used by voluntary act, operation of law, or otherwiseothers, without obtaining the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, or delayed. Tenant shall seek such The consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any an assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver construed to relieve Tenant from obtaining the consent of Landlord’s rights under this Article as the Landlord to any subsequent further assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve The consent by Landlord will not be given unless: a) the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at assignee assumes the time of such assignmentTenant's obligations under this Lease, sublease and b) Tenant remains liable for all its obligations under this Lease, including extensions or transfer, assume renewals provided for herein. Nor will consent be given if Tenant is in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms default of this Lease, any increase . Tenant shall notify Landlord of the name of each proposed assignee or subtenant and shall provide information to Landlord pursuant to the financial standing of the proposed assignee or subtenant and shall offer to surrender such space to Landlord. Any subtenant controlled rent or other gain or profit in rental received by Tenant over excess of the per square foot rental rate which is base rent and additional rent then being paid by Tenant pursuant to this Lease realized by Tenant from such assignment or subletting shall be forwarded shared by Tenant - 50% and Landlord - 50% as additional rent, except in the case of a sublease or assignment to and retained by an affiliate or subsidiary of Tenant, in which case Tenant shall retain 100% of any excess profit. Tenant shall have the absolute right without the consent of Landlord, which increase but upon notice to Landlord, to assign all of its rights under the Lease to any parent, subsidiary and/or affiliate of Tenant so long as such assignment does not decrease the value of Tenant and provided that Tenant shall be remain liable for the full performance of all obligations of Tenant under this Lease and provided that Tenant is not in addition to the Base Rent and Additional Rent due Landlord default under this Lease.

Appears in 1 contract

Sources: Sublease Agreement (Xanodyne Pharmaceuticals Inc)

Assignment or Subletting. (a) Tenant agrees to use and occupy shall not assign its interest under this lease or sublet all of the Demised Premises throughout the entire term hereof for the purpose Leased Premises, nor shall Tenant mortgage or purposes herein specified and for no other purposes, hypothecate this lease or Tenant's interest in the manner and to substantially the extent now intended, and not Leased Premises (hereinafter collectively referred to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwiseas "Transfer"), without obtaining the prior written consent of Landlord in each instance. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessaryLandlord. Consent by Landlord to any assignment Transfer shall not constitute a waiver of the necessity for such consent to any subsequent Transfer. Any Transfer by Tenant in accordance with this Section shall be only for the purposes specified in Section 1.1(e) hereof and for no other purpose, and in no event shall any Transfer release or relieve Tenant from any obligations of this Lease lease. (b) If the Tenant is a corporation (other than one whose shares are regularly and publicly traded on a recognized stock exchange), any change in the ownership (legal or equitable) of and/or power to vote fifty (50%) percent or more of the outstanding capital stock of Tenant, whether such change of ownership is by sale, assignment, bequest, inheritance, operation of law or otherwise, shall be deemed a Transfer and shall be subject to the provisions of this Section. (c) Notwithstanding anything to the contrary contained in this lease, Tenant shall have the right to sublet a part (but not all) of the Leased Premises or to any subletting enter into license or concession agreements for part (but not all) of the Demised Leased Premises shall be at with Landlord’s sole discretion and 's prior written consent (which consent shall not be a waiver of Landlord’s rights under this Article as to any subsequent assignment unreasonably withheld or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Lease.delayed)

Appears in 1 contract

Sources: Lease Agreement (Western Beef Inc /De/)

Assignment or Subletting. Tenant agrees to use and occupy Lessee will not sublet any part of the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer premises or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, Agreement without obtaining the prior written consent of Landlord in each instance. Tenant shall seek such consent of Landlord by a written request thereforLessor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and which shall not be a waiver of Landlord’s rights under this Article as to any subsequent assignment or sublettingunreasonably withheld. Landlord’s rights to assign this Lease are and shall remain unqualified. No Any such assignment or subleasing subletting without consent shall relieve be void and, at the Tenant from any option of Tenant’s obligations in the Lessor, may terminate this Lease contained, nor shall any Lease. No assignment or sublease or other transfer of this Lease by ▇▇▇▇▇▇ consented to by Lessor shall be effective effective, unless the assignee, subtenant assignee or transferee shall shall, at the time of such assignment, sublease assignment or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant ▇▇▇▇▇▇ and shall agree in writing to be bound thereby. Should Tenant sublease Notwithstanding such assignment or transfer or the acceptance by Lessor from such assignee of any rent or other monies or other performance of the obligations of Lessee hereunder, Lessee shall remain liable and obligated as a principal (and not as a surety or guarantor) to perform all the terms, conditions and covenants, including the payment of rental and other monies, herein provided to be performed by ▇▇▇▇▇▇. Notwithstanding the foregoing provisions, ▇▇▇▇▇▇ acknowledges and agrees that Lessee may sublet or assign any part of the Premises to another agency that works with Lessee in accordance its mission of providing a learning center or related services consistent with ▇▇▇▇▇▇’s use in the adjoining building (each an “Allowed User”). In the event that Lessee assigns or sublets any portion of the Premises to an Allowed User, Lessee shall be solely responsible for any collection of rents from such Allowed User, and such Allowed User shall be responsible for complying with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Lease.

Appears in 1 contract

Sources: Commercial Lease Agreement

Assignment or Subletting. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose shall not assign, mortgage, or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign encumber this Lease nor sublet or sublet said Demised Premises, permit the Premises or any part thereof, whether thereof to be used by voluntary act, operation of law, or otherwiseothers, without obtaining the prior written consent of Landlord and payment by Tenant to Landlord of its actual legal fees, if any, and $500.00 for Landlord’s documentation fee. If this Lease is assigned by Tenant or if the Tenant sublets the Premises for rent in each instance. excess of the rent payable hereunder, Tenant shall seek pay any such excess in the event of a sublet (or any consideration received in the event of assignment) to Landlord as additional rental. If this Lease is assigned or if the Premises or any part thereof is sublet, or occupied other than by Tenant, Landlord, in the event of default by Tenant, may collect rent directly from the assignee, subtenant, or occupant and apply the amount collected to the rent due from Tenant. Such action by Landlord shall not constitute a waiver of this provision nor a release of Tenant from any obligation under this Lease. The consent of Landlord by a to an assignment or subletting shall not be construed to relieve Tenant from obtaining the written request therefor, setting forth such information as Landlord may deem necessary. Consent by consent of Landlord to any further assignment or subletting and shall not relieve Tenant from liability hereunder. Any assignment or subletting under this Lease automatically cancels any options to extend the term of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s rights under this Article as to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Leasemay have been granted hereunder.

Appears in 1 contract

Sources: Lease Agreement (Dgse Companies Inc)

Assignment or Subletting. A. Tenant agrees to use and occupy shall not (i) assign, convey or mortgage this Sublease or any interest under it; (ii) allow any transfer thereof or any lien upon Tenant's interest by operation of law; (iii) further sublet the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether ; or (iv) permit the occupancy of the Premises or any part thereof by voluntary act, operation of law, or otherwiseanyone other than Tenant, without obtaining the Landlord's prior written consent. Landlord's consent of Landlord in each instance. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any an assignment of this Lease Sublease or to any subletting a further sublease of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver unreasonably withheld, and if Landlord consents thereto, Landlord shall use reasonable efforts to obtain the consent of Prime Landlord if such consent is required to be obtained under the Prime Lease. Prime Landlord’s rights under this Article as 's refusal to any subsequent assignment or subletting. Landlord’s rights consent to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any an assignment or sublease or other transfer shall not be deemed to be an unreasonable withholding of this Lease consent by Landlord hereunder. Any cost of obtaining Prime Landlord's consent shall be borne by Tenant. B. No permitted assignment shall be effective and no permitted sublease shall commence unless the assignee, subtenant and until any default by Tenant hereunder shall have been cured. No permitted assignment or transferee subletting shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors relieve Tenant from Tenant's obligations and assigns, all of the terms, covenants agreements hereunder and conditions of this Lease thereafter Tenant shall continue to be performed by Tenant liable as a principal and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition not as a guarantor or surety to the Base Rent and Additional Rent due Landlord under this Leasesame extent as though no assignment or subletting had been made.

Appears in 1 contract

Sources: Sublease (American National Can Group Inc)

Assignment or Subletting. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and shall not to transfer or assign this Lease nor any interest herein, either voluntarily or sublet said Demised Premises, or any part thereof, whether involuntarily by voluntary act, operation of law, or otherwisesublease the Premises or any right or privilege connected therewith, or allow any other person except agents and employees of Tenant to occupy the Premises or any part thereof without first obtaining the prior written consent of Landlord, which consent may be withheld by Landlord in each instancethe exercise of Landlord's reasonable discretion. For the purposes of this Paragraph, a merger, consolidation, sale of substantially all of the stock of Tenant shall seek such is deemed to be an assignment requiring the consent of Landlord by a written request thereforLandlord. However, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and consent shall not be withheld if the assignee is of the same, or better, financial condition as Tenant or if Tenant remains liable under the Lease. Any unauthorized assignment, sublease, or license to occupy by the Tenant shall be void and shall, at the option of Landlord, be deemed a default hereunder. Any consent to assignment or subletting given by Landlord shall not constitute a waiver of Landlord’s rights under this Article as the necessity for such consent to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No Notwithstanding any such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease containedsublease hereof, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord fully liable under this LeaseLease and shall not be released from performing its terms, covenants, and conditions.

Appears in 1 contract

Sources: Lease Agreement (Cfi Mortgage Inc)

Assignment or Subletting. Tenant Lessee agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord Lessor in each instance. Tenant Lessee shall seek such consent of Landlord Lessor by a written request therefor, setting forth such information as Landlord Lessor may deem necessary. Consent by Landlord Lessor to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s rights Lessor's right under this Article as to any subsequent assignment or subletting. Landlord’s Lessor's rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant Lessee from any of Tenant’s Lessee's obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant sublessee or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of LandlordLessor, its successors and or assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant Lessee and shall agree in writing to be bound thereby. Should Tenant Lessee sublease in accordance with the terms of this Lease, fifty percent (50%) of any increase in rental received by Tenant Lessee over the per square foot rental rate which is being paid by Tenant Lessee shall be forwarded to and retained by LandlordLessor, which increase shall be in addition to the Base Rent and Additional Rent due Landlord Lessor under this Lease.

Appears in 1 contract

Sources: Commercial Lease (Mercury Waste Solutions Inc)

Assignment or Subletting. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining 12.1 Without the prior written consent of Landlord in each instance. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and Sublandlord (which shall not be a waiver unreasonably withheld) and of Landlord’s rights under this Article as to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease Prime Landlord (but only when required in accordance with the terms Prime Lease), Subtenant shall not (i) assign, convey or mortgage this Sublease or any interest under it, (ii) allow any transfer thereof or any lien upon Subtenant’s interest by operation of this law, (iii) further sublet the Sublease Premises or any part thereof except to an Affiliate or (iv) permit the occupancy of the Sublease Premises or any part thereof by anyone other than Subtenant or an Affiliate (other than a licensee or concessionaire providing an exclusive service to Subtenant or an Affiliate). If Sublandlord consents thereto, Sublandlord shall use reasonable efforts to obtain the consent of Prime Landlord if such consent is required to be obtained under the Prime Lease, provided however, that any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant cost of obtaining Prime Landlord’s consent shall be forwarded to and retained borne by Landlord, which increase Subtenant. 12.2 No permitted assignment shall be in addition effective and no permitted sublease shall commence unless and until any and all Events of Default by Subtenant then existing hereunder shall have been cured. No permitted assignment or subletting shall relieve Subtenant from Subtenant’s obligations and agreements hereunder and Subtenant shall continue to be liable as principal and not as guarantor or surety to the Base Rent and Additional Rent due Landlord under this Leasesame extent as through no assignment or subletting had been made.

Appears in 1 contract

Sources: Sublease (Integral Systems Inc /Md/)

Assignment or Subletting. Tenant Lessee agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord Lessor in each instance. Tenant Lessee shall seek such consent of Landlord Lessor by a written request therefor, setting forth such information as Landlord Lessor may deem necessary. Lessor agrees not to withhold consent unreasonably. Consent by Landlord Lessor to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s Lessor's rights under this Article as to any subsequent assignment or subletting. Landlord’s Lessor's rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant Lessee from any of Tenant’s Lessee's obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assigneeassignees, subtenant sublessee or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of LandlordLessor, its successors and or assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant Lessee and shall agree in writing to be bound thereby. Should Tenant Lessee sublease in accordance with the terms of this Lease, fifty percent (50%) of any increase in rental received by Tenant Lessee over the per square foot rental rate which is being paid by Tenant Lessee shall be forwarded to and retained by LandlordLessor, less any costs incurred by Lessee for such assignment of sublet, which increase shall be in addition to the Base Rent and Additional Rent due Landlord Lessor under this Lease.

Appears in 1 contract

Sources: Office/Warehouse Lease (Intranet Solutions Inc)

Assignment or Subletting. That should the Tenant agrees desire to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease agreement or sublet underlet said Demised Premisespremises, it shall first offer same to Landlord at the rental set forth herein. Should Landlord not accept the assignment or underletting offered or not respond within twenty (20) days of receipt of Tenant’s written offer, then Tenant shall be allowed to assign this agreement or underlet the premises provided that the Tenant shall not (a) assign this agreement, or underlet or underlease the premises or any part thereof, whether by voluntary act, operation of law, or otherwise, thereof without obtaining the prior written consent of Landlord in each instanceLandlord, which consent will not be unreasonably withheld or delayed; provided, however, that notwithstanding such assignment, Tenant shall not thereby be relieved from responsibility hereunder, or (b) permit or suffer the premises or any part thereof to be occupied for any business or purpose deemed disreputable or extra-hazardous on account of fire, under penalty of damages and forfeiture. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s rights under this Article as to any subsequent assignment or subletting. Landlord’s rights permitted to assign this Lease are lease or sublet the premises without Landlord’s consent and shall remain unqualifiedwithout first offering the premises to Landlord if the proposed sublease or assignee is an entity owned by, controlled by, affiliated with, or is the Parent Company of the Tenant. No such assignment or subleasing shall relieve In the event that the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, enters into an agreement to sell all of its stock of Yardville National Bank, it is permissible under the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this LeaseAgreement.

Appears in 1 contract

Sources: Office Lease (Yardville National Bancorp)

Assignment or Subletting. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining 8.1 Except with the prior written consent of Master Landlord in each instance(subject to provisions of 9.1 and 9.5 of the Master Lease) and Sublandlord, which consent shall not be withheld or delayed if Master Landlord consents, Subtenant shall not (a) assign, convey or mortgage this Sublease or any interest under it; (b) allow any transfer thereof or any lien upon Subtenant’s interest by operation of law; (c) further sublet the Premises or any part thereof or (d) permit the occupancy of the Premises or any part thereof by anyone other than Subtenant. Tenant shall seek such Master Landlord’s consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment or Sublease of this Lease or to any subletting of the Demised Premises Sublease shall be at in accordance with the Master Lease Sublandlord shall use reasonable efforts to obtain the consent of Master Landlord. All costs of obtaining Master Landlord’s sole discretion and Sublandlord’s consent (including legal fees) shall be borne by Subtenant. Sublandlord shall not be a waiver of Landlordrequired to consent to any assignment or Sublease by Subtenant where Master Landlord withholds its consent. 8.2 No permitted assignment shall be effective and no permitted sublease shall commence unless and until any Default by Subtenant hereunder has been cured. No permitted assignment or subletting shall relieve Subtenant from Subtenant’s rights obligations and agreements under this Article Sublease and Subtenant shall continue to be liable as a principal and not as a guarantor or surety, to any subsequent the same extent as though no assignment or sublettingsubletting had been made. Landlord’s rights Consent to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease shall not be deemed to release Subtenant from its requirement to obtain consent for any future assignment or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Leasesublease.

Appears in 1 contract

Sources: Sublease (Conceptus Inc)

Assignment or Subletting. Tenant agrees to use and occupy expressly covenants that it will not assign, mortgage or encumber this agreement nor under-let or suffer or permit the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, demised premises or any part thereof, whether thereof to be used by voluntary act, operation of law, or otherwise, others without obtaining the prior written consent of the Landlord in each instance. If this lease be assigned or if the demised premises or any part thereof be under-let or occupied by anyone other than the Tenant shall seek such without the expressed written consent of the Landlord by a written request thereforhad and obtained, setting forth such information as Landlord may deem necessary. Consent by Landlord collect rent from the assignee, under-tenant or occupant and apply the net amount collected to any assignment of this Lease all rent herein reserved, but no assignment, under-letting, occupancy or to any subletting of the Demised Premises collection shall be at Landlord’s sole discretion and shall not be deemed a waiver of Landlord’s rights under this Article as to any subsequent assignment covenant or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any acceptance of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant under-tenant or transferee shall at occupant as tenant, or a release of the time performance of such assignmentthe covenants on Tenant’s part herein contained. In the event Tenant sublets within the premises, sublease or transfer, assume in writing for subject to the benefit written approval of Landlord, its successors and assignssaid sub-let agreement is in excess of rent monies agreed to by the parties in this agreement, all monies to be received by Tenant pursuant to said sub-lease agreement shall be payable to Landlord notwithstanding said rental shall be in excess of monthly rental agreed heretofore by and between the termsparties. In the event the Landlord’s written consent is given to an assignment or sub-letting, the Tenant, shall, nevertheless, remain liable to perform all covenants and conditions of this Lease thereafter thereto and to be performed guarantee such performance by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Leasehis assignee or sub-tenant.

Appears in 1 contract

Sources: Lease Agreement (Value Financial Services, Inc.)

Assignment or Subletting. Tenant Lessee agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or of purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this the Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord Lessor in each instance. Tenant Lessee shall seek such consent of Landlord Lessor by a written request therefor, ; setting forth such information as Landlord Lessor may deem necessary. Lessor agrees not to withhold consent unreasonably. Consent by Landlord Lessor to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s Lessor's rights under this Article as to any subsequent assignment or subletting. Landlord’s Lessor's rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant Lessee from any of Tenant’s Lessee's obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant sublessee or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of LandlordLessor, its successors and or assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant Lessee and shall agree in writing to be bound thereby. Should Tenant Lessee sublease in accordance with the terms of this Lease, fifty percent (50%) of any increase in rental received by Tenant Lessee over the per square foot rental rate which is being paid by Tenant Lessee shall be forwarded to and retained by LandlordLessor, which increase shall be in addition to the Base Rent and Additional Rent due Landlord Lessor under this Lease.

Appears in 1 contract

Sources: Office/Warehouse Lease (Inter Con Pc Inc)

Assignment or Subletting. Tenant acknowledges that Landlord has entered into this Lease because of Tenants financial strength, goodwill, ability and expertise and that accordingly, this lease is personal to Tenant. Taking this into consideration, tenant shall not assign, mortgage, sublet, pledge or encumber this Lease, in whole or in part, except with the written consent of the Landlord, which shall not be unreasonably withheld or delayed. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposesthat, in the manner and to substantially event of any such assignment or subletting, Tenant shall nevertheless remain liable for the extent now intendedperformance of all terms, covenants, and not conditions of this Lease. In the event the Landlord consents to transfer an assignment of the Lease, any money or assign this Lease or sublet said Demised consideration to be paid to Tenant for the assignment shall be paid to the Landlord as partial consideration for the Landlord’s consent to the assignment. In the event the Landlord consents to a sublease of the Premises, or any part portion thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord in each instance. Tenant shall seek such consent of pay to the Landlord a sum equal to (1) any money, rent or other consideration paid to the Tenant by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment of this Lease or to any subletting subtenant in excess of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s rights under this Article as to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all pro-rata portion of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is rent for such space then being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this LeaseLease and (2) any other profit or gain realized by the Tenant from such subletting. All sums payable hereunder by Tenant shall be paid to Landlord as additional rent immediately upon the receipt thereof by Tenant.

Appears in 1 contract

Sources: Lease Agreement (Rexahn Pharmaceuticals, Inc.)

Assignment or Subletting. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to assign or in any manner transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, interest in this Lease without obtaining the prior written consent of Landlord which shall not be unreasonably withheld or delayed, and not sublet the premises or any part of the Premises or to allow anyone to use or to come in, and not to sublet the Premises or any part of the remise allow through or under the Premises without Landlord's consent which shall not be unreasonably withheld or delayed. Any attempted subletting or assignment without Landlord's consent shall be voidable in each instance. Tenant Landlord's sole discretion and, at Landlord's option, shall seek such consent of grant Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord the right to any assignment of terminate this Lease or to exercise any subletting of the Demised Premises other rights or remedies it may have hereunder. If consented to, no assignment or Subletting shall be binding upon Landlord unless the sublessee or assignee shall deliver to Landlord an instrument (in recordable form, if Landlord so requests) containing an agreement of assumption of all of Tenant's obligations under this Lease. In no event may Tenant assign, sublet or otherwise transfer this Lease or any interest in this Lease at Landlord’s any time while an Event of Default exists hereunder. Landlord may, in its sole discretion discretion, refuse to give its consent to any proposed subletting or assignment or exercise its other rights hereunder for any reason, including, but not limited to, the financial condition, creditworthiness or business reputation of the proposed sublessee or assignee, the prevailing market or quoted rental rates for space in the Building or other comparable buildings, and shall the proposed use of the Premises by, or business of, the proposed sublessee or assignee. One consent by Landlord to a subletting or assignment will not be deemed a waiver of Landlord’s rights under this Article as consent to any subsequent assignment assignment, subletting, occupation or sublettinguse by any other person. Landlord’s rights Neither the consent to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer subletting nor the acceptance of this Lease be effective unless the rent from an assignee, subtenant or transferee shall at occupant will constitute a release of Tenant from the time further performance of the obligations of Tenant contained in this Lease. A dissolution, merger, consolidation, or other reorganization of Tenant, and the issuance or transfer of TWENTY (20%) PERCENT OR MORE OF THE VOTING CAPITAL OF TENANT TO PERSONS other than shareholders as of the beginning of such assignmentperiod within any twelve (12) month period, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter shall each be deemed to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms an assignment of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by as such, prohibited without Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Lease's prior written consent.

Appears in 1 contract

Sources: Lease Agreement (Advanced Systems International Inc)

Assignment or Subletting. Without the prior written consent of Landlord, Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposesshall not (i) assign, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premisesconvey, or mortgage this Sublease or any part thereofinterest under it, whether (ii) allow any transfer thereof or any lien upon Tenant's interest by voluntary act, operation of law, or otherwise(iii) further sublet the Premises or any part thereof (collectively, without obtaining the prior written consent of Landlord in each instancea "Transfer"). Tenant shall seek follow the procedures for requesting Landlord's consent to an assignment as set forth in Section 5.1 of the Prime Lease for any Transfer, as though Tenant was the tenant thereunder and Landlord was the Prime Landlord. Landlord's consent to a Transfer may be withheld in Landlord's sole and absolute discretion, provided, however, Landlord shall use reasonable efforts to obtain the consent of Prime Landlord if such consent is required to be obtained under the Prime Lease. In addition to the costs and expenses to be paid by Tenant to Landlord as part of Landlord Tenant's notice prescribed in Section 5.1 of the Prime Lease by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment operation of this Section 13, Tenant shall pay all costs and expenses owed under the Prime Lease or to any subletting for Prime Landlord's consideration of a proposed Transfer. Notwithstanding the Demised Premises foregoing, Tenant shall be at entitled to engage in a Transfer without Landlord’s sole discretion and shall 's consent if said Transfer would not be a waiver of require Prime Landlord’s rights 's consent under this Article as to any subsequent assignment the Prime Lease. Any assignee or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations sub-sublessee which claims an interest in this Lease contained, nor Sublease pursuant to a Transfer shall any assignment or sublease or other transfer of this Lease be effective unless bound by all the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants terms and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this LeaseSublease.

Appears in 1 contract

Sources: Asset Purchase Agreement (Orion Healthcorp Inc)

Assignment or Subletting. Tenant Lessee covenants and agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose that it will not sell, assign, sublease, mortgage, pledge or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to otherwise transfer or assign encumber (collectively "transfer") this Lease or sublet said Demised any rights, interests or estates created by this Lease or all or any portion of the Leased Premises, either voluntarily or any part thereof, whether by voluntary act, operation of law, without having first obtained the written consent of Lessor (which consent shall not be unreasonably withheld or otherwisedelayed , and in the case of an assignment, without obtaining and presenting to Lessor a covenant of assumption by the prior written consent assignee, wherein such assignee expressly agrees to and with Lessor ,to assume and be bound by all of Landlord in each instancethe covenants, terms, conditions and provisions hereof to the same extent as if said assignee had been named as the original Lessee. Tenant shall seek such consent of Landlord Notwithstanding anything herein to the contrary, Lessee may transfer this Lease, or any rights, interests or estates created by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment of this Lease or all or any portion of the Leased Premises to an entity affiliated with Lessee, its permitted successors or assigns, without consent. Any such transfer shall not relieve Lessee from its obligations to comply with all the covenants, terms, conditions and provisions of this Lease, unless otherwise agreed in writing by Lessor. In the event Lessor consents to any subletting of the Demised Premises shall be at Landlord’s sole discretion and transfer, such consent shall not be a waiver of Landlord’s rights under this Article as relieve Lessee and/or any transferee, assignee, sublessee, etc., from securing Lessor's written consent to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease containedM e r transfer, nor shall any assignment such consent be construed as a consent to any further transfer or sublease or other transfer as a waiver of any portion of this Lease be effective unless the assignee, subtenant section or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this LeaseLessor's rights hereunder.

Appears in 1 contract

Sources: Coal Mining Lease (Natural Resource Partners Lp)

Assignment or Subletting. Tenant Lessee agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or of purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, intended and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord Lessor in each instance. Tenant Lessee shall seek such consent of Landlord Lessor by a written request therefor, therefor setting forth such information as Landlord Lessor may deem necessary. Lessor agrees not to withhold consent unreasonably. Consent by Landlord Lessor to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s Lessor's rights under this Article as to any subsequent assignment or subletting. Landlord’s Lessor's rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant Lessee from any of Tenant’s Lessee's obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant sublessee or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of LandlordLessor, its successors and or assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant Lessee and shall agree in writing to be bound thereby. Should Tenant Lessee sublease in accordance with the terms of this Lease, . fifty percent (50%) of any increase in rental received by Tenant Lessee over the per square foot rental rate which is being paid by Tenant Lessee shall be forwarded to and retained by LandlordLessor, which increase shall be in addition to the Base Rent and Additional Rent due Landlord Lessor under this Lease.

Appears in 1 contract

Sources: Office/Warehouse Lease (Expresspoint Technology Systems Inc)

Assignment or Subletting. Tenant agrees to use and occupy (a) It is agreed that neither the Demised Leased Premises throughout nor any part thereof shall be sublet, nor shall this lease be assigned by Tenant, without the entire term hereof written consent of the Landlord first obtained, which consent may be withheld for any reason. No assignment for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premisesbenefit of creditors , or any part thereof, whether by voluntary act, operation of law, or otherwise, shall be effective to transfer any right to an assignee without obtaining the prior written consent of Landlord in each instance. Tenant shall seek such consent of Landlord first having been obtained. (b) It is agreed that if this lease be assigned, or if the Leased Premises or any part thereof be sublet or occupied by a written request thereforanyone other than Tenant, setting forth such information as Landlord may deem necessary. Consent by Landlord collect rent from the assignee, undertenant or occupant, and apply the net amount collected to any assignment of this Lease or to any subletting of the Demised Premises rent herein reserved, and no such collection shall be at Landlord’s sole discretion and shall not be deemed a waiver of Landlord’s rights under this Article as to any subsequent the covenant herein against assignment and subletting, or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any acceptance of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee occupant as tenant, or a release of Tenant from the complete performance by Tenant of the covenants herein contained on the part of Tenant to be performed. Notwithstanding any assignment or sublease, Tenant shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors remain fully liable on this lease and assigns, all shall not be released from performing any of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Leaselease.

Appears in 1 contract

Sources: Lease Agreement (Banyan Corp /Or/)

Assignment or Subletting. Tenant Lessee agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or of purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord Lessor in each instance. Tenant Lessee shall seek such consent of Landlord Lessor by a written request therefor, setting forth such information as Landlord Lessor may deem necessary. Lessor agrees not to withhold consent unreasonably. Consent by Landlord Lessor to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s Lessor's rights under this Article as to any subsequent assignment or subletting. Landlord’s Lessor's rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant Lessee from any of Tenant’s Lessee's obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant sublessee or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of LandlordLessor, its successors and or assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant Lessee and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Lease.

Appears in 1 contract

Sources: Office/Warehouse Lease (Navarre Corp /Mn/)

Assignment or Subletting. Tenant acknowledges that Landlord has entered into this Lease because of Tenant’s financial strength, goodwill, ability and expertise and that accordingly, this lease is personal to Tenant. Taking this into consideration, tenant shall not assign, mortgage, sublet, pledge or encumber this Lease, in whole or in part, except with the written consent of the Landlord, which shall not be unreasonably withheld or delayed. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposesthat, in the manner and to substantially event of any such assignment or subletting, Tenant shall nevertheless remain liable for the extent now intendedperformance of all terms, covenants, and not conditions of this Lease. In the event the Landlord consents to transfer an assignment of the Lease, any money or assign this Lease or sublet said Demised consideration to be paid to Tenant for the assignment shall be paid to the Landlord as partial consideration for the Landlord’s consent to the assignment. In the event the Landlord consents to a sublease of the Premises, or any part portion thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord in each instance. Tenant shall seek such consent of pay to the Landlord fifty percent (50%) any money, rent or other consideration paid to the Tenant by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment of this Lease or to any subletting subtenant in excess of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s rights under this Article as to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all pro-rata portion of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is rent for such space then being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this LeaseLease less Tenant’s actual costs of such subletting and (2) any other profit or gain realized by the Tenant from such subletting. All sums payable hereunder by Tenant shall be paid to Landlord as additional rent immediately upon the receipt thereof by Tenant.

Appears in 1 contract

Sources: Lease Agreement (Macrogenics Inc)

Assignment or Subletting. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord in each instanceinstance which consent will not be unreasonably withheld, conditioned, denied or delayed. Tenant acknowledges that it shall be reasonable for Landlord to condition its consent on Tenant curing any then existing defaults under this Lease. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may reasonably deem necessary. In the event Tenant proposes to sublease all of the Demised Premises for the entire remaining term of the Lease or assign the Lease for the entire remaining term of the Lease, Landlord will have the option to terminate this Lease and enter into a direct lease with Tenant's proposed sublessee or assignee. In the event of such termination, Tenant shall have no further liability under this Lease. Consent by Landlord to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s 's rights under this Article as to any subsequent assignment or subletting. Landlord’s 's rights to assign this Lease are and shall remain unqualifiedunqualified provided assignee assumes Landlord's obligations hereunder excluding assignment to a lender for security purposes. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s 's obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease all or a portion of the Demised Premises for the balance of the lease term in accordance with the terms of this Lease, and if Landlord, at its option, releases Tenant from any further liability for the portion of the Demised Premises so subleased, the increase, after recovery in full by Tenant of all reasonable costs associated with such sublease, in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Lease. Should Tenant sublease under any other circumstances in accordance with the terms of this Lease, one-half of any increase, after recovery in full by Tenant of all costs associated with such sublease, in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Mgi Pharma Inc)

Assignment or Subletting. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining 8.1 Except with the prior written consent of Master Landlord and Sublandlord, Subtenant shall not (a) assign, convey or mortgage this Sublease or any interest under it; (b) allow any transfer thereof or any lien upon Subtenant's interest by operation of law; (c) further sublet the Premises or any part thereof or (d) permit the occupancy of the Premises or any part thereof by anyone other than Subtenant. Sublandlord may withhold consent to an assignment or a further sublease of all or any part of the Premises in each instanceSublandlord's sole discretion. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord If Sublandlord consents to any assignment of this Lease Sublease or to any further subletting of the Demised Premises Premises, Sublandlord shall be at use reasonable efforts to obtain the consent of Master Landlord’s sole discretion and shall not be a waiver . All costs of obtaining Master Landlord’s rights under this Article as 's consent to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease shall be borne by Subtenant, including but not limited to Sublandlord's reasonable attorneys fees, and Master Landlord's fees charged to Sublandlord. 8.2 No permitted assignment shall be effective and no permitted sublease shall commence unless the assignee, subtenant and until any default by Subtenant hereunder has been cured. No permitted assignment or transferee subletting shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors relieve Subtenant from Subtenant's obligations and assigns, all of the terms, covenants agreements under this Sublease and conditions of this Lease thereafter Subtenant shall continue to be performed by Tenant liable as a principal and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Leasenot as a guarantor or surety, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Leasesame extent as though no assignment or subletting had been made.

Appears in 1 contract

Sources: Sub Sublease Agreement (Remote MDX Inc)

Assignment or Subletting. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose shall not assign, mortgage, or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign encumber this Lease nor sublet or sublet said Demised Premises, permit the Premises or any part thereof, whether thereof to be used by voluntary act, operation of law, or otherwiseothers, without obtaining the prior written consent of Landlord, which shall not be unreasonably withheld. It is acknowledged and agreed that Landlord shall have the right to withhold its consent to any such subletting to the extent that the intended use of the Premises by such subtenant is objectionable to Landlord or such subtenant does not have a substantiable net worth equal to or greater than that of the Tenant as of the date of the Lease. If this Lease is assigned by Tenant or if the Tenant sublets the Premises for rent in each instance. excess of the Rent payable hereunder, Tenant shall seek pay any such excess to Landlord. If this Lease is assigned or if the Premises or any part thereof is sublet, or occupied other than by Tenant, Landlord, in the event of default by Tenant, may collect rent directly from the assignee, subtenant, or occupant and apply the amount collected to the Rent due from Tenant. Such action by Landlord shall not constitute a waiver of this provision nor a release of Tenant from any obligation under this Lease. The consent of Landlord by a to an assignment or subletting shall not be construed to relieve Tenant from obtaining the written request therefor, setting forth such information as Landlord may deem necessary. Consent by consent of Landlord to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s rights under this Article as to any subsequent further assignment or subletting. Landlord’s rights to assign Any assignment or subletting under this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve automatically cancels any options to extend the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate Term which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Leasehave been granted hereunder.

Appears in 1 contract

Sources: Lease Agreement (Metromedia International Group Inc)

Assignment or Subletting. (a) Tenant agrees to use and occupy shall not (i) assign, convey or mortgage this Sublease or any interest under it; (ii) allow any transfer thereof or any lien upon Tenant’s interest by operation of law; (iii) further sublet the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether ; or (iv) permit the occupancy of the Premises or any part thereof by voluntary act, operation of law, or otherwise, without obtaining the prior anyone other than Tenant. Landlord’s written consent of Landlord in each instance. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any an assignment of this Lease Sublease or to any subletting a further sublease of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of unreasonably withheld, conditioned or delayed, and if Landlord consents thereto, Tenant understands and agrees that the Prime Lease may require Prime Landlord’s rights under this Article as consent to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing further sublease. Any cost of obtaining Prime Landlord’s consent shall be borne by Tenant. (b) No permitted assignment shall be effective and no permitted sublease shall commence unless and until any default by Tenant hereunder shall have been cured. No permitted assignment or subletting shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor and agreements hereunder and Tenant shall any continue to be liable as a principal and not as a guarantor or surety to the same extent as though no assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Leasesubletting had been made.

Appears in 1 contract

Sources: Sublease (Presbia PLC)

Assignment or Subletting. A. Tenant agrees to use shall not, without Landlord's and occupy Prime Landlord's prior written consent, (i) assign, convey or mortgage this Sublease or any interest under it; (ii) allow any transfer thereof or any lien upon Tenant's interest by operation of law; (iii) further sublet the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether ; or (iv) permit the occupancy of the Premises or any part thereof by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of anyone other than Tenant. If Landlord in each instance. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord consents to any an assignment of this Lease Sublease or a further sublease of the Premises, then Landlord and Tenant shall, at Tenant's sole cost and expense, including reasonable attorney's fees, use reasonable efforts to obtain the consent of Prime Landlord if such consent is required under the Prime Lease. If Tenant desires to assign the Sublease or to any subletting further sublease the Premises, Tenant shall deliver written notice thereof to Landlord, together with a copy of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s rights under this Article as to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any proposed assignment or sublease agreement at least sixty (60) days prior to the effective date of the proposed assignment, or other transfer the proposed commencement date of this Lease the term of the proposed sublease. B. No permitted assignment shall be effective and no permitted sublease shall commence unless the assignee, subtenant and until any default by Tenant hereunder shall have been cured. No permitted assignment or transferee subletting shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors relieve Tenant from Tenant's obligations and assigns, all of the terms, covenants agreements hereunder and conditions of this Lease thereafter Tenant shall continue to be performed by Tenant liable to Landlord as a principal and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition not as a guarantor or surety to the Base Rent and Additional Rent due Landlord under this Leasesame extent as though no assignment or subletting had been made.

Appears in 1 contract

Sources: Sublease (Taylor Capital Group Inc)

Assignment or Subletting. Tenant acknowledges that Landlord has entered into this Lease because of Tenant’s financial strength, goodwill, ability and expertise and that accordingly, this lease is personal to Tenant. Taking this into consideration, tenant shall not assign, mortgage, sublet, pledge or encumber this Lease, in whole or in part, except with the written consent of the Landlord, which shall not be unreasonably withheld or delayed. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposesthat, in the manner and to substantially event of any such assignment or subletting, Tenant shall nevertheless remain liable for the extent now intendedperformance of all terms, covenants, and not conditions of this Lease. In the event the Landlord consents to transfer an assignment of the Lease, any money or assign this Lease or sublet said Demised consideration to be paid to Tenant for the assignment shall be paid to the Landlord as partial consideration for the Landlord’s consent to the assignment. In the event the Landlord consents to a sublease of the Premises, or any part portion thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord in each instance. Tenant shall seek such consent of pay to the Landlord a sum equal to (1) any money, rent or other consideration paid to the Tenant by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment of this Lease or to any subletting subtenant in excess of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s rights under this Article as to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all pro-rata portion of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is rent for such space then being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this LeaseLease and (2) any other profit or gain realized by the Tenant from such subletting. All sums payable hereunder by Tenant shall be paid to Landlord as additional rent immediately upon the receipt thereof by Tenant.

Appears in 1 contract

Sources: Lease Agreement (Macrogenics Inc)

Assignment or Subletting. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposesmay not assign, in the manner and to substantially the extent now intended, and not to transfer or assign encumber this Lease or sublet said Demised Premises, all or a portion of the Premises or permit the Premises or any part thereofthereof to be used by another, whether by voluntary act, operation of law, or otherwise, without obtaining the unless Tenant has obtained Landlord’s prior written consent, which consent of Landlord in each instanceshall not be unreasonably withheld. Tenant shall seek such have the right, upon Notice to Landlord, without consent of Landlord by a written request thereforthe Landlord, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment of this assign the Lease or to sublet all or any subletting portion of the Demised leased Premises to the following: (a) any entity resulting from a merger or consolidation with Tenant; (b) any entity succeeding to the business and assets of Tenant; (c) any subsidiary or affiliate of Tenant; (d) any entity which is part of or affiliated with Learning Tree International Inc. Without in any way limiting Landlord’s right to refuse its consent for other serious reasons and notwithstanding any Laws to the contrary, Landlord’s refusal of consent shall be at Landlord’s sole discretion and shall not deemed to be for a waiver serious reason in respect of Landlord’s rights under this Article as to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease containedan assignment, nor shall any assignment or sublease sublease, use or other transfer if: (a) Landlord is not satisfied with the creditworthiness, reputation or business of this Lease be effective unless the proposed assignee or subtenant; or (b) the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all user proposed by Tenant is then a tenant of the termsBuilding and Landlord has or will have during the next 6 months suitable space for rent in the Building; or (c) the proposed assignee, covenants and conditions of this Lease thereafter subtenant or user intends to be performed by Tenant and shall agree in writing use the Premises to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate carry on a business which is being paid by Tenant shall be forwarded to and retained could breach an exclusivity clause granted by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Lease.

Appears in 1 contract

Sources: Standard Office Lease (Learning Tree International Inc)

Assignment or Subletting. Tenant Lessee agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or of purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord Lessor in each instance. Tenant Lessee shall seek such consent of Landlord Lessor by a written request therefor, setting forth such information as Landlord Lessor may deem necessary. Lessor agrees not to withhold consent unreasonably. Consent by Landlord Lessor to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s Lessor's rights under this Article as to any subsequent assignment or subletting. Landlord’s Lessor's rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant Lessee from any of Tenant’s Lessee's obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant sublessee or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of LandlordLessor, its successors and or assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant Lessee and shall agree in writing to be bound thereby. Should Tenant Lessee sublease in accordance with the terms of this Lease, fifty percent (50%) of any increase in rental received by Tenant Lessee over the per square foot rental rate which is being paid by Tenant Lessee shall be forwarded to and retained by LandlordLessor, which increase shall be in addition to the Base Rent and Additional Rent due Landlord Lessor under this Lease.

Appears in 1 contract

Sources: Office/Warehouse Lease (Medwave Inc)

Assignment or Subletting. Tenant agrees to use and occupy Sublessee shall not (i) assign, convey or mortgage this Sublease or any interest under it; (ii) allow any transfer thereof or any lien upon Sublessee’s interest by operation of law; (iii) further sublet the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether ; or (iv) permit the occupancy of the Premises or any part thereof by voluntary act, operation of law, or otherwise, without obtaining the prior written anyone other than Sublessee. Sublessor’s consent of Landlord in each instance. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any an assignment of this Lease Sublease or to any subletting a further sublease of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver unreasonably withheld, and if Sublessor consents thereto, Sublessor shall use reasonable efforts to obtain the consent of Landlord’s rights Lessor if such consent is required to be obtained under this Article as to the Prime Lease. No permitted assignment shall be effective and no permitted sublease shall commence unless and until any subsequent default by Sublessee hereunder shall have been cured. No permitted assignment or subletting. Landlordsubletting shall relieve Sublessee from Sublessee’s rights obligations and agreements hereunder and Sublessee shall continue to assign this Lease are be liable as a principal and shall remain unqualified. No such not as a guarantor or surety to the same extent as though no assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Leasesubletting had been made.

Appears in 1 contract

Sources: Sublease Agreement (Coldwater Creek Inc)

Assignment or Subletting. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and and, except as to substantially the extent now intendedan “Intracorporate Transfer” (as defined below), and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord in each instance. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may reasonably deem necessary. Landlord agrees not to withhold, delay or condition consent unreasonably. Consent by Landlord to any assignment of this Lease or to any subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver of Landlord’s rights right under this Article as to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and or assigns, all of the terms, covenants covenants, and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, fifty percent (50%) of any increase in aggregate rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Lease. Notwithstanding the foregoing to the contrary, Tenant shall have the right, upon notice to but without the consent of Landlord, to assign this Lease or sublet the Demised Premises to a corporation, person or entity which: (i) is a corporation, person or entity in which Tenant, Tenant’s parent or an affiliate of Tenant owns, or the shareholders of Tenant or Tenant’s parent corporation own, in excess of fifty percent (50%) of the outstanding capital stock or ownership interest; or (ii) as a result of a consolidation, merger or other reorganization with Tenant and/or Tenant’s parent corporation; or (iii) acquires or is acquiring all or substantially all of the outstanding capital stock or assets of Tenant or Tenant’s parent; or (iv) as a result of a change of the domicile of Tenant or the reincorporation of Tenant in another jurisdiction, shall own all or substantially all of the assets of Tenant (collectively, an “Intracorporate Transfer”). (a) Tenant shall remain fully liable during the unexpired term of this Lease, including any exercised renewal or extension options; (b) the assignee or subtenant pursuant to (ii) or (iii) shall assume the obligations of Tenant under this Lease without thereby releasing the Tenant; and (c) any such assignment or subletting shall be subject to all of the terms, covenants and conditions of this Lease.

Appears in 1 contract

Sources: Commercial Lease (Thoratec Corp)

Assignment or Subletting. Tenant agrees to use and occupy shall not (i) assign, convey, or mortgage this Sublease or any interest under it; (ii) allow any transfer of the Demised Premises throughout the entire term hereof for the purpose Sublease or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or any lien upon Tenant’s interest by operation of law; (iii) sub-sublet said Demised Premises, all or any part thereofof the Premises; or (iv) permit the occupancy of all or any part of the Premises by anyone other than Tenant, whether by voluntary act, operation of law, or otherwise, without obtaining the except with ▇▇▇▇▇▇▇▇’s prior written consent of Landlord in each instance. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any assignment of this Lease or to any subletting of the Demised Premises shall be at and Prime Landlord’s sole discretion and shall not be a waiver of Landlord’s rights under this Article as to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease containedconsent, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Paragraph 12 and the Prime Lease; provided that consent from Landlord shall not be required in connection with any “Permitted Transfer,” as such term is defined under Section 9.1(e) of the Prime Lease. ▇▇▇▇▇▇▇▇’s consent to an assignment of this Sublease or a sub-subletting of the Premises shall not be unreasonably withheld, and Landlord shall use commercially reasonable efforts to obtain the consent of Prime Landlord if its consent is required under the Prime Lease. If Prime Landlord grants its consent to any increase in rental received such transfer, Landlord shall be deemed to have granted its consent. Any reasonably incurred cost of obtaining Prime Landlord’s consent shall be borne by Tenant over the per square foot rental rate which is being paid ▇▇▇▇▇▇. No permitted assignment shall be effective and no permitted sub- subletting shall commence unless and until any default by Tenant shall be forwarded to and retained by Landlord, which increase have been cured. No permitted assignment or sub-subletting shall be in addition to the Base Rent and Additional Rent due Landlord relieve Tenant from its obligations under this LeaseSublease, and Tenant shall continue to be liable as a principal and not as a guarantor or surety, as though no assignment or sub-subletting had occurred.

Appears in 1 contract

Sources: Sublease (AltC Acquisition Corp.)

Assignment or Subletting. Without Landlord’s consent, Tenant agrees to use and occupy shall not (i) assign, convey, or mortgage this Sublease or any interest under it; (ii) allow any transfer thereof or any lien upon Tenant’s interest by operation of law; (iii) sub-sublet the Demised Premises throughout the entire term hereof for the purpose or purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether ; or (iv) permit the occupancy of the Premises or any part thereof by voluntary act, operation of law, or otherwise, without obtaining the prior written anyone other than Tenant. Landlord’s consent of Landlord in each instance. Tenant shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessary. Consent by Landlord to any an assignment of this Lease Sublease or to any a sub-subletting of the Demised Premises shall be at Landlord’s sole discretion and shall not be a waiver unreasonably withheld, and if Landlord consents, Landlord shall use reasonable efforts to obtain the consent of Prime Landlord if its consent is required under the Prime Lease. Any cost of obtaining Prime Landlord’s rights under this Article as to consent shall be borne by Tenant. No permitted assignment shall be effective and no permitted sub-subletting shall commence unless and until any subsequent default by Tenant hereunder shall have been cured. Unless otherwise agreed by the Landlord and Tenant, no permitted assignment or subletting. Landlord’s rights sub-subletting shall relieve Tenant from its obligations and agreements hereunder and Tenant shall continue to assign this Lease are be liable as a principal and shall remain unqualified. No such not as a guarantor or surety, to the same extent as though no assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Leasesub-subletting had occurred.

Appears in 1 contract

Sources: Sublease (Quixote Corp)

Assignment or Subletting. Tenant agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose shall make no assignment or purposes herein specified and for no other purposessubletting, in the manner and to substantially the extent now intended, and not to transfer nor shall Tenant enter into license or assign concession agreements or mortgage or hypothecate this Lease or sublet said Demised Premises, Tenant’s interest in and to the Premises or any part thereof, whether by voluntary act, thereof or permit any other party to conduct business or manage the Premises or control the operation of law, or otherwisethereof (hereinafter collectively referred to as “Transfer”), without obtaining the prior written consent of Landlord in each instance. Tenant Landlord, which consent shall seek such consent of Landlord by a written request therefor, setting forth such information as Landlord may deem necessarynot be unreasonably withheld. Consent by Landlord to any assignment Transfer shall not constitute a waiver of the necessity for such consent to any subsequent Transfer. Any Transfer by Tenant in accordance with this Section shall be only for the purposes and use hereinabove specified and for no other purpose, and in no event shall any Transfer release for relieve Tenant from any obligations under this Lease. Any permitted transferee shall assume Tenant’s obligations hereunder and shall deliver to Landlord an assumption agreement in form satisfactory to Landlord within ten (10) days after the effective date of the assignment. Tenant agrees to pay Landlord’s attorney’s fees incurred in connection with the review and/or preparation of any documents in connection with any Transfer, and in the event of a Transfer for rentals in excess of those rentals reserved hereunder, Tenant shall pay all of such excess rent to Landlord. If the Tenant is a corporation, partnership or other business entity, any change in the ownership (legal or equitable) of and/or (in the case of a corporation) in the power to vote fifty (50%) percent or more of the outstanding capital stock of Tenant, whether such change of ownership is by sale, assignment, operation of law or otherwise, shall be deemed a Transfer and shall be subject to the provisions of this Lease or to any subletting of the Demised Premises shall be at Section. Any attempted Transfer without Landlord’s sole discretion and consent shall not be a waiver of Landlord’s rights under this Article as to any subsequent assignment or subletting. Landlord’s rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Tenant from any of Tenant’s obligations in this Lease contained, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, subtenant or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of binding upon Landlord, its successors and assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Tenant and shall agree in writing to be bound thereby. Should Tenant sublease in accordance with the terms of this Lease, confer no rights upon any increase in rental received by Tenant over the per square foot rental rate which is being paid by Tenant shall be forwarded to and retained by Landlord, which increase shall be in addition to the Base Rent and Additional Rent due Landlord under this Leasethird person.

Appears in 1 contract

Sources: Standard Retail Space Lease (FlexShopper, Inc.)