Common use of Authorization to Direct Sublease Payments Clause in Contracts

Authorization to Direct Sublease Payments. Sublandlord hereby acknowledges that Sublandlord’ s failure to pay the Rent and other sums owing by Sublandlord to Master Landlord under the Master Lease will cause Subtenant to incur damages, costs and expenses not contemplated by this Sublease, especially in those cases where Subtenant has paid sums to Sublandlord hereunder which correspond in whole or in part to the amounts owing by Sublandlord to Master Landlord under the Master Lease. Accordingly, Subtenant shall have the right to pay all Rent and other sums owing by Subtenant to Sublandlord hereunder for those items which also are owed by Sublandlord to Master Landlord under the Master Lease directly to Master Landlord. If Subtenant reasonably believes that Sublandlord has failed to make any payment required to be made by Sublandlord to Master Landlord under the Master Lease and Sublandlord fails to provide adequate proof of payment within ten (10) business days after Subtenant’s written demand requesting such proof. If Subtenant makes such payments, Subtenant shall not prepay any amounts owing by Subtenant without the consent of Sublandlord, and shall provide to Sublandlord concurrently with any payment to Master Landlord reasonable evidence of such payment. If Sublandlord notifies Subtenant that it disputes any amount demanded by Master Landlord, Subtenant shall not make any such payment to Master Landlord unless Master Landlord has provided a three-day notice to pay such amount or forfeit the Master Lease. Any sums paid directly by Subtenant to Master Landlord in accordance with this Paragraph shall be credited toward the amounts payable by Subtenant to Sublandlord under this Sublease. In the event Subtenant tenders payment directly to Master Landlord in accordance with this Paragraph and Master Landlord refuses to accept such payment, Subtenant shall have the right to deposit such funds in an account with a national bank for the benefit of Master Landlord and Sublandlord, and the deposit of said funds in such account shall discharge Subtenant’s obligation under this Sublease to make the payment in question.

Appears in 1 contract

Samples: Lease Agreement (DemandTec, Inc.)

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Authorization to Direct Sublease Payments. Sublandlord hereby acknowledges that Sublandlord’ s ’s failure to pay the Rent and other sums owing by Sublandlord to Master Landlord under the Master Lease will cause Subtenant to incur damages, costs and expenses not contemplated by this Sublease, especially Sublease in those cases where Subtenant has paid sums to Sublandlord hereunder which correspond in whole or in part to the amounts owing by Sublandlord to Master Landlord under the Master Lease. Accordingly, Subtenant shall have the right to pay all Rent rent and other sums owing by Subtenant to Sublandlord hereunder for those items which also are owed by Sublandlord to Master Landlord under the Master Lease directly to Master Landlord. If Landlord if Subtenant reasonably believes that Sublandlord has failed to make any payment required to be made by Sublandlord to Master Landlord under the Master Lease and Sublandlord fails to provide adequate proof of payment within ten five (105) business days after Subtenant’s written demand requesting such proof. If Pending receipt of Sublandlord’s response to Subtenant’s demand, Subtenant makes such payments, shall not be in Default under this Sublease for its failure to pay to Sublandlord any amount due hereunder which would otherwise become delinquent during the period between the date of Subtenant’s demand and the date that Sublandlord delivers its response. Subtenant shall not prepay any amounts owing by Subtenant without the consent of Sublandlord, and . Subtenant shall provide to Sublandlord concurrently with any payment to Master Landlord reasonable evidence of such payment. If Sublandlord notifies Subtenant that it disputes any amount demanded by Master Landlord, Subtenant shall not make any such payment to Master Landlord unless Master Landlord has provided a three-day notice to pay such amount or forfeit the Master Lease. Any sums paid directly by Subtenant to Master Landlord in accordance with this Paragraph Section shall be credited toward the amounts payable by Subtenant to Sublandlord under this Sublease. In the event Subtenant tenders payment directly to Master Landlord in accordance with this Paragraph and Master Landlord refuses to accept such payment, Subtenant shall have the right to deposit such funds in an account with a national bank for the benefit of Master Landlord and Sublandlord, and the deposit of said funds in such account shall discharge Subtenant’s obligation under this Sublease to make the payment in question.

Appears in 1 contract

Samples: Sub Sublease Agreement (Data Domain, Inc.)

Authorization to Direct Sublease Payments. Sublandlord Sublessor hereby acknowledges that Sublandlord’ s Sublessor's failure to pay the Basic Rent and other sums owing by Sublandlord Sublessor to Master Landlord under the Master Lease will cause Subtenant Sublessee to incur damages, costs and expenses not contemplated by this Sublease, especially in those cases where Subtenant Sublessee has paid sums to Sublandlord Sublessor hereunder which correspond in whole or in part to the amounts mounts owing by Sublandlord Sublessor to Master Landlord under the Master Lease. Accordingly, Subtenant Sublessee shall have the right to pay all Rent rent and other sums owing by Subtenant Sublessee to Sublandlord Sublessor hereunder for those items which also are owed by Sublandlord Sublessor to Master Landlord under the Master Lease directly to Master Landlord. If Subtenant Landlord if either (i) Sublessee reasonably believes that Sublandlord Sublessor has failed to make any payment required to be made by Sublandlord Sublessor to Master Landlord under the Master Lease and Sublandlord Sublessor fails to provide adequate proof of payment within ten two (102) business days after Subtenant’s Sublessee's written demand requesting such proof; or (ii) Sublessee reasonably believes that Sublessor shall fail to make any payment required to be made by Sublessor to Sublessee under the Lease and Sublessor fails to provide assurance of future performance within two (2) business days after Sublessee's written demand requesting such assurance. If Subtenant makes such payments, Subtenant shall not prepay any amounts owing by Subtenant without the consent of Sublandlord, and shall Sublessee agrees to provide to Sublandlord Sublessor concurrently with any payment to Master Landlord reasonable evidence of such payment. If Sublandlord Sublessor notifies Subtenant Sublessee that it disputes any amount mount demanded by Master Landlord, Subtenant Sublessee shall not make any such payment to Master Landlord unless Master Landlord has provided a three-day notice to pay such amount or forfeit the Master Lease. Any sums paid directly by Subtenant Sublessee to Master Landlord in accordance with this Paragraph Section shall be credited toward the amounts mounts payable by Subtenant Sublessee to Sublandlord Sublessor under this Sublease. In the event Subtenant tenders payment directly to Master Landlord in accordance with this Paragraph and Master Landlord refuses to accept such payment, Subtenant shall have the right to deposit such funds in an account with a national bank for the benefit of Master Landlord and Sublandlord, and the deposit of said funds in such account shall discharge Subtenant’s obligation under this Sublease to make the payment in question.

Appears in 1 contract

Samples: Lease Agreement (Active Software Inc)

Authorization to Direct Sublease Payments. Sublandlord hereby acknowledges that Sublandlord’ s failure to pay the Rent and other sums owing by Sublandlord to Master Landlord under the Master Lease will cause Subtenant to incur damages, costs and expenses not contemplated by this Sublease, especially in those cases where Subtenant has paid sums to Sublandlord hereunder which correspond in whole or in part to the amounts owing by Sublandlord to Master Landlord under the Master Lease. Accordingly, Subtenant Sublessee shall have the right to pay all Rent rent and other sums owing by Subtenant Sublessee to Sublandlord Sublessor hereunder for those items which also are owed by Sublandlord Sublessor to Master Landlord Lessor under the Master Lease directly to Master Landlord. If Subtenant Lessor upon satisfaction of the following conditions: (i) Sublessee has performed its obligations under this Sublease, but Master Lessor has given notice that Sublessor is in default of its obligations to make a payment to Master Lessor under the Master Lease, and Sublessee reasonably believes that Sublandlord Sublessor has failed to make any payment required to be made by Sublandlord Sublessor to Master Landlord Lessor under the Master Lease and Sublandlord Sublessor fails to provide adequate proof of payment within ten two (102) business days after SubtenantSublessee’s written demand requesting such proof. If Subtenant makes such payments, Subtenant ; (ii) Sublessee shall not prepay any amounts owing by Subtenant Sublessee without the consent of Sublandlord, and Sublessor or in excess of the amount alleged by Master Lessor to be in default under the Master Lease; (iii) Sublessee shall provide to Sublandlord Sublessor concurrently with any payment to Master Landlord Lessor reasonable evidence of such payment. If Sublandlord ; and (iv) if Sublessor notifies Subtenant Sublessee that it disputes any amount demanded by Master LandlordLessor, Subtenant Sublessee shall not make any such payment to Master Landlord Lessor unless Master Landlord Lessor has provided a three-day notice to pay such amount or forfeit the Master Lease. Any sums paid directly by Subtenant Sublessee to Master Landlord Lessor in accordance with this Paragraph shall be credited toward the amounts payable by Subtenant Sublessee to Sublandlord Sublessor under this Sublease. In the event Subtenant Sublessee tenders payment directly to Master Landlord Lessor in accordance with this Paragraph and Master Landlord Lessor refuses to accept such payment, Subtenant Sublessee shall have the right to deposit such funds in an account with a national bank for the benefit of Master Landlord Lessor and SublandlordSublessor, as their interest may appear, until such time as the Sublessor’s default under the Master Lease is cured or otherwise discharged, and Sublessee shall not be deemed in default of its payment obligations under this Sublease to the extent of the deposit of said funds in such account shall discharge Subtenant’s obligation under this Sublease to make the payment in questionaccount.

Appears in 1 contract

Samples: Sublease (Netiq Corp)

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Authorization to Direct Sublease Payments. Sublandlord hereby acknowledges that Sublandlord’ s failure to pay the Rent and other sums owing by Sublandlord to Master Landlord under the Master Lease will cause Subtenant to incur damages, costs and expenses not contemplated by this Sublease, especially in those cases where Subtenant has paid sums to Sublandlord hereunder which correspond in whole or in part to the amounts owing by Sublandlord to Master Landlord under the Master Lease. Accordingly, Subtenant Sublessee shall have the right to pay all Rent rent and other sums owing by Subtenant Sublessee to Sublandlord Sublessor hereunder for those items which also are owed by Sublandlord Sublessor to Master Landlord Lessor under the Master Lease directly to Master Landlord. If Subtenant Lessor, provided (a) Sublessee reasonably believes that Sublandlord Sublessor has failed to make any payment required to be made by Sublandlord Sublessor to Master Landlord Lessor under the Master Lease and Sublandlord Sublessor fails to provide adequate proof of payment within ten two (102) business days after Subtenant’s Sublessee's written demand requesting such proof, or (b) Sublessee reasonably believes that Sublessor shall fail to make any payment required to be made by Sublessor to Master Lessor under the Master Lease and Sublessor fails to provide assurance of future performance in form reasonably satisfactory to Sublessee within two (2) business days after Sublessee's written demand requesting such assurance. If Subtenant makes such payments, Subtenant shall not prepay any amounts owing by Subtenant without the consent of Sublandlord, and Sublessee shall provide to Sublandlord Sublessor concurrently with any payment to Master Landlord Lessor reasonable evidence of such payment. If Sublandlord notifies Subtenant that it disputes any amount demanded by Master Landlord, Subtenant shall not make any such payment to Master Landlord unless Master Landlord has provided a three-day notice to pay such amount or forfeit the Master Lease. Any sums paid directly by Subtenant Sublessee to Master Landlord Lessor in accordance with this Paragraph paragraph shall be credited toward the amounts payable by Subtenant Sublessee to Sublandlord Sublessor under this Sublease. In the event Subtenant Sublessee tenders payment directly to Master Landlord Lessor in accordance with this Paragraph paragraph and Master Landlord Lessor refuses to accept such payment, Subtenant Sublessee shall have the right to deposit such funds in an account with a national bank for the benefit of Master Landlord Lessor and SublandlordSublessor, and the deposit of said funds in such account shall discharge Subtenant’s Sublessee's obligation under this Sublease to make the payment in question.

Appears in 1 contract

Samples: Sublease (Spectrian Corp /Ca/)

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