Common use of No Release of Lessee Clause in Contracts

No Release of Lessee. Regardless of Lessor’s consent, no subletting or assignment shall release Lessee of Lessee’s obligation or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of rent by Lessor from any other person shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor Lessee in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against said assignee. If Lessee shall purport to assign this Lease, or sublease all or any portion of the Premises, or permit any person or persons other than Lessee to occupy the Premises, without Lessor’s prior written consent, Lessor may collect rent from the person or persons then or thereafter occupying the Premises and apply the net amount collected to the rent reserved herein, but no such collection shall be deemed a waiver of Lessor’s rights and remedies under this Article XIII or the acceptance of any such purported assignee, sublessee or occupant, or a release of Lessee from the further performance by Lessee of covenants on the part of Lessee herein contained.

Appears in 1 contract

Samples: And Attornment Agreement (NeoStem, Inc.)

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No Release of Lessee. Regardless of Lessor’s 's consent, no subletting ------------- -------------------- nosubletting or assignment shall release Lessee of Lessee’s 's obligation or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of rent by Lessor from any other person shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor Lessee in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against said assignee. If Lessee shall purport to assign this Lease, or sublease all or any portion of the Premises, or permit any person or persons other than Lessee to occupy the Premises, without Lessor’s 's prior written consent, Lessor may collect rent from the person or persons then or thereafter occupying the Premises and apply the net amount collected to the rent reserved herein, but no such collection shall be deemed a waiver of Lessor’s 's rights and remedies under this Article XIII or the acceptance of any such purported assignee, sublessee or occupant, or a release of Lessee from the further performance by Lessee of covenants on the part of Lessee herein contained.

Appears in 1 contract

Samples: Industrial Lease (Valicert Inc)

No Release of Lessee. Regardless of Lessor’s consent, no subletting or assignment shall release Lessee of Lessee’s obligation or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of rent by Lessor from any other person shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor Lessee in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against said assignee. If Lessee shall purport to assign this Lease, or sublease all or any portion of the Premises, or permit any person or persons other than Lessee to occupy the Premises, without Lessor’s prior written consent, Lessor may collect rent from the person or persons then or thereafter occupying the Premises and apply the net amount collected to the rent reserved herein, but no such collection shall be deemed a waiver of Lessor’s rights and remedies under this Article XIII or the acceptance of any such purported assignee, sublessee sublease or occupant, or a release of Lessee from the further performance by Lessee of covenants on the part of Lessee herein contained.

Appears in 1 contract

Samples: And Attornment Agreement (ViewRay, Inc.)

No Release of Lessee. Regardless of Lessor’s 's consent, no subletting or assignment shall release Lessee of Lessee’s 's obligation or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The THE acceptance of rent by Lessor from any other person shall not be deemed to be a waiver by lessor of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor Lessee of Lessee, in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against said assignee. If Lessor may consent to subsequent assignments or subletting of this Lease or amendments or modifications to this Lease with assignees ___________. In the event Lessee shall purport to assign this Lease, or sublease all or any portion of the Premises, or permit any person or persons other than Lessee to occupy the Premises, without Lessor’s prior written consent, Lessor may collect rent from the person or persons then or thereafter occupying sublet the Premises and apply or request the net amount collected consent of Lessor to any assignment or subletting or if Lessee shall request the rent reserved hereinconsent of lessor for any act Lessee proposes to do then Lessee shall pay Lessor's reasonable attorneys fees incurred in connection therewith, but no such collection shall be deemed a waiver of Lessor’s rights and remedies under this Article XIII or the acceptance of any attorneys fees not to exceed $350,000 for each such purported assignee, sublessee or occupant, or a release of Lessee from the further performance by Lessee of covenants on the part of Lessee herein containedrequest.

Appears in 1 contract

Samples: Earth & Ocean Sports Inc

No Release of Lessee. Regardless of Lessor’s 's consent, no subletting or assignment shall release Lessee of Lessee’s or Xxxxxx's obligation or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of rent by Lessor from any other person shall not be deemed to be a waiver by Lessor of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor Lessee of Xxxxxx, in the performance of any of the terms hereof, Lessor may proceed directly against Lessee Xxxxxx without the necessity of exhausting remedies against said assignee. If Lessor may consent to subsequent assignments or subletting of this Lease or amendments or modifications to this Lease with assignees. *Any profit, will be split 50/50 between Lessor and Lessee. Initials: /s/ RS ------- of Lessee, without notifying Lessee, or any successor of Xxxxxx, and without obtaining its or their consent thereto and such action shall not relieve Lessee shall purport to assign of liability under this Lease, or sublease all or any portion of the Premises, or permit any person or persons other than Lessee to occupy the Premises, without Lessor’s prior written consent, Lessor may collect rent from the person or persons then or thereafter occupying the Premises and apply the net amount collected to the rent reserved herein, but no such collection shall be deemed a waiver of Lessor’s rights and remedies under this Article XIII or the acceptance of any such purported assignee, sublessee or occupant, or a release of Lessee from the further performance by Lessee of covenants on the part of Lessee herein contained.

Appears in 1 contract

Samples: Kinetics Group Inc

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No Release of Lessee. Regardless of Lessor’s 's consent, no -------------- -------------------- subletting or assignment shall release Lessee of Lessee’s 's obligation or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of rent by Lessor from any other person shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor Lessee in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against said assignee. If Lessee shall purport to assign this Lease, or sublease all or any portion of the Premises, or permit any person or persons other than Lessee to occupy the Premises, without Lessor’s 's prior written consent, Lessor may collect rent from the person or persons then or thereafter occupying the Premises and apply the net amount collected to the rent reserved herein, but no such collection shall be deemed a waiver of Lessor’s 's rights and remedies under this Article XIII or the acceptance of any such purported assignee, sublessee or occupant, or a release of Lessee from the further performance by Lessee of covenants on the part of Lessee herein contained.

Appears in 1 contract

Samples: Industrial Lease (Valicert Inc)

No Release of Lessee. Regardless of Lessor’s 's consent, no subletting or assignment shall release Lessee of Lessee’s 's obligation or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of rent by Lessor from any other person shall not be deemed to be a waiver by Lessor of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor Lessee of Lessee, in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against said assignee. If Lessee shall purport to assign this LeaseIN THE EVENT OF AN ASSIGNMENT OR SUBLEASE, or sublease all or any portion of the PremisesLESSEE AND LESSOR SHALL SHARE EQUALLY IN ANY EXCESS PROFIT CALCULATED AGAINST THE EFFECTIVE RENTAL RATE NET OF ANY RENT ABATEMENT, or permit any person or persons other than Lessee to occupy the Premises, without Lessor’s prior written consent, Lessor may collect rent from the person or persons then or thereafter occupying the Premises and apply the net amount collected to the rent reserved herein, but no such collection shall be deemed a waiver of Lessor’s rights and remedies under this Article XIII or the acceptance of any such purported assignee, sublessee or occupant, or a release of Lessee from the further performance by Lessee of covenants on the part of Lessee herein containedAND AFTER LESSEE RECOVERS THE FOLLOWING COSTS: (1) REASONABLE ATTORNEYS FEES (2) COST OF TENANT IMPROVEMENTS (3) COST OF ANY BROKERAGE FEES.

Appears in 1 contract

Samples: Industrial Lease (Iprint Com Inc)

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