Common use of Effect of Transfer Clause in Contracts

Effect of Transfer. If Landlord consents to a Transfer: (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s costs of such audit.

Appears in 6 contracts

Samples: Extension Option Rider (Turning Point Therapeutics, Inc.), Extension Option Rider (Applied Molecular Transport Inc.), Extension Option Rider (Applied Molecular Transport LLC)

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Effect of Transfer. If Landlord consents to a Transfer: , (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; , (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; , (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; , and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s 's consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s 's costs of such audit.

Appears in 4 contracts

Samples: Office Lease (Pc Mall Inc), Office Lease (Mitek Systems Inc), Ensign Group, Inc

Effect of Transfer. If Landlord landlord consents to a Transfer: , (i) the terms and conditions of this Lease lease shall in no way be deemed to have been waived or modified; , (ii) such consent shall not be deemed consent to any further Transfer transfer by either Tenant or a Transferee; , (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form inform reasonably acceptable to Landlord; , and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s 's consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understatedunderstated by more than four percent (4%) of the amount of the Transfer Premium as initially calculated by Tenant, Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s 's costs of such audit.. [***] Confidential portions of this document have been redacted and filed separately with the Commission. 36

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Effect of Transfer. If Landlord consents to a Transfer: , (i) the terms and conditions TCCs of this Lease shall in no way be deemed to have been waived or modified; , (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; , (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; Transfer, and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s consent, shall relieve Tenant or from any guarantor of the Lease from liability under this Lease, including, without limitation, in connection with the Subject Space. Landlord or its authorized representatives shall have the right at all reasonable times and upon reasonable prior notice to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency deficiency, and if understated by more than five percent (5%), Tenant shall pay Landlord’s costs of such audit.

Appears in 3 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp), Office Lease (3com Corp)

Effect of Transfer. If Landlord consents to a Transfer: , (i) the terms and conditions TCCs of this Lease shall in no way be deemed to have been waived or modified; , (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; , (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; Transfer, and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s 's consent, shall relieve Tenant or from any guarantor of the Lease from liability under this Lease, including, without limitation, in connection with the Subject Space. Landlord or its authorized representatives shall have the right at all reasonable times and upon reasonable prior notice to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency deficiency, and if understated by more than five percent (5%), Tenant shall pay Landlord’s 's costs of such audit.

Appears in 3 contracts

Samples: Office Lease (Exact Sciences Corp), Agreement of Purchase and Sale (Vical Inc), Office Lease (Exact Sciences Corp)

Effect of Transfer. If Landlord consents to a Transfer: (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s 's consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s 's costs of such audit.

Appears in 3 contracts

Samples: Disturbance and Attornment Agreement (Fluidigm Corp), Industrial (Kura Oncology, Inc.), Tenant Work Letter (Biotime Inc)

Effect of Transfer. If Landlord consents to a Transfer: , (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s costs of such audit.

Appears in 3 contracts

Samples: Attornment Agreement (AltheaDx, Inc.), Attornment Agreement (AltheaDx, Inc.), Attornment Agreement (AltheaDx, Inc.)

Effect of Transfer. If Landlord consents to a Transfer: , (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; , (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; , (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; , and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s 's consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s 's costs of such audit. .

Appears in 2 contracts

Samples: Nondisturbance and Attornment Agreement (Websense Inc), Nondisturbance and Attornment Agreement (Websense Inc)

Effect of Transfer. If Landlord consents to a Transfer: (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s consent, shall relieve Tenant or any guarantor of 33 GENESIS 1900 ALAMEDA [BigHat Biosciences, Inc.] Execution Original the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s costs of such audit.

Appears in 2 contracts

Samples: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)

Effect of Transfer. If Landlord consents to a Transfer: , (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; , (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; , (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in a form reasonably acceptable to Landlord; , and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right upon reasonable prior notice and at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting with respect to any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency plus interest at the Interest Rate and if understated by more than five percent (5%), Tenant shall pay Landlord’s costs reasonable cost of such audit.

Appears in 2 contracts

Samples: Office Lease (Health Net Inc), Office Lease (Health Net Inc)

Effect of Transfer. If Landlord consents to a Transfer: , (i) the ------------------ terms and conditions of this Lease shall in no way be deemed to have been waived or modified; , (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; , (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; , and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s 's consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s 's costs of such audit.

Appears in 2 contracts

Samples: Office Lease (Homestore Com Inc), Office Lease (Beatnik Inc)

Effect of Transfer. If Landlord consents to a Transfer: , (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; , (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; , (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; and , (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s consent, shall relieve Tenant or any guarantor of the Tenant’s obligations under this Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s costs of such audit.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (MJ Holdings, Inc.), Lease Agreement (MJ Holdings, Inc.)

Effect of Transfer. If Landlord consents to a Transfer: , (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; , (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; , (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; , and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and and, if understated by more than four percent (4%), Tenant shall pay Landlord’s costs of such audit.

Appears in 1 contract

Samples: Office Lease (Legalzoom Com Inc)

Effect of Transfer. If Landlord consents to a Transfer: (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed a copy of all documentation pertaining to the Transfer in form reasonably acceptable to LandlordTransfer; and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to the determination of any Transfer, and shall have the right to make copies thereofTransfer Premium. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s costs of such audit.

Appears in 1 contract

Samples: Terms of Lease (Aqua Metals, Inc.)

Effect of Transfer. If Landlord consents to a Transfer: , (i) the terms and conditions TCCs of this Lease shall in no way be deemed to have been waived or modified; , (ii) such consent shall not be 33 deemed consent to any further Transfer by either Tenant or a Transferee; , (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; Transfer, and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s 's consent, shall relieve Tenant or from any guarantor of the Lease from liability under this Lease, including, without limitation, in connection with the Subject Space. Landlord or its authorized representatives shall have the right at all reasonable times and upon reasonable prior notice to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency deficiency, and if understated by more than five percent (5%), Tenant shall pay Landlord’s 's costs of such audit.

Appears in 1 contract

Samples: Office Lease (3com Corp)

Effect of Transfer. If Landlord consents to a Transfer: , (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; , (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; , (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; , and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating in order to any Transferestablish the amount of the Transfer Premium, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s costs of such audit.

Appears in 1 contract

Samples: Lease Termination Agreement (St Francis Medical Technologies Inc)

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Effect of Transfer. If Landlord consents to a Transfer: (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s 's consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting with respect to any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s 's costs of such audit.

Appears in 1 contract

Samples: Office Lease (Sierra Oncology, Inc.)

Effect of Transfer. If Landlord consents to a Transfer: (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s costs of such auditdeficiency.

Appears in 1 contract

Samples: Lease (Kezar Life Sciences, Inc.)

Effect of Transfer. If Landlord consents to a Transfer: , (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; , (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; , (iii) Tenant shall deliver to Landlord, promptly after execution, an original a fully-executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; , and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s costs of such audit.

Appears in 1 contract

Samples: Office Lease (Cafepress Inc.)

Effect of Transfer. If Landlord consents to a Transfer: , (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; , (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; , (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; , and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s 's consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant directly relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer 071053\8589453v5 15 shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s 's costs of such audit.

Appears in 1 contract

Samples: Office Lease (Quantenna Communications Inc)

Effect of Transfer. If Landlord consents to a Transfer: , (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; , (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; , (iii) Tenant shall deliver to Landlord, promptly after execution, an original a fully-executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; document, and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s costs of such audit.

Appears in 1 contract

Samples: Office Lease (Serena Software Inc)

Effect of Transfer. If Landlord consents to a Transfer: , (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; , (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; , (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; , and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s 's consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have may consent to future Transfers of this Lease without notifying Tenant and without obtaining Tenant's consent thereto. In the right at all reasonable times to audit the books, records and papers event of a default by any Transferee of Tenant relating or any successor to any TransferTenant's interest in this Lease, and shall have Landlord may proceed directly against Tenant without the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s costs necessity of exhausting remedies against such auditTransferee or successor.

Appears in 1 contract

Samples: Office Lease (Kratos Defense & Security Solutions, Inc.)

Effect of Transfer. If Landlord consents to a Transfer: (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s 's consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and and, if the Transfer Premium has been understated by five percent (5%) or more, the Landlord’s 's costs of such audit.

Appears in 1 contract

Samples: Basic Lease Information (Achaogen Inc)

Effect of Transfer. If Landlord consents to a Transfer: , (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; , (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; , (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; , and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understated, Tenant shall, within thirty (30) days after demand, pay the deficiency and if such deficiency exceeds five percent (5%) of the amount otherwise due, then Landlord’s costs of such auditreasonable third party audit costs.

Appears in 1 contract

Samples: Office Lease (Yelp! Inc)

Effect of Transfer. If Landlord consents to a Transfer: , (i) the terms and conditions of this Lease shall in no way be deemed to have been waived or modified; , (ii) such consent shall not be deemed consent to any further Transfer by either Tenant or a Transferee; , (iii) Tenant shall deliver to Landlord, promptly after execution, an original executed copy of all documentation pertaining to the Transfer in form reasonably acceptable to Landlord; , and (iv) no Transfer relating to this Lease or agreement entered into with respect thereto, whether with or without Landlord’s 's consent, shall relieve Tenant or any guarantor of the Lease from liability under this Lease. Landlord or its authorized representatives shall have the right at all reasonable times to audit the books, records and papers of Tenant directly relating to any Transfer, and shall have the right to make copies thereof. If the Transfer Premium respecting any Transfer shall be found understatedunderstated by more than three percent (3%), Tenant shall, within thirty (30) days after demand, pay the deficiency and Landlord’s 's costs of such audit.

Appears in 1 contract

Samples: Office Lease (Vivus Inc)

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