Relationship With Landlord. Tenant hereby assigns and transfers to Landlord Tenant’s interest in the Sublease and all rentals and income arising therefrom, subject to the terms of this Section 3. Landlord, by consenting to the Sublease agrees that until a default shall occur in the performance of Tenant’s obligations under the Lease, Tenant may receive, collect and enjoy the rents accruing under the Sublease. In the event Tenant shall default in the performance of its obligations to Landlord under the Lease, then whether or not Landlord terminates the Lease, Landlord may, at its option by notice to Tenant, either (i) terminate the Sublease, (ii) elect to receive and collect, directly from Subtenant, all rent and any other sums owing and to be owed under the Sublease, as further set forth in Section 3.l below, or (iii) elect to succeed to Tenant’s interest in the Sublease and cause Subtenant to attorn to Landlord, as further set forth in Section 3.2 below.
Relationship With Landlord. Sublandlord hereby assigns and transfers to Landlord the Sublandlord’s interest in the Sublease and all rentals and income arising therefrom, subject to the terms of this Section 3. Landlord, by consenting to the Sublease agrees that until an Event of Default shall occur in the performance of Sublandlord’s obligations under the Lease, Sublandlord may receive, collect and enjoy the rents accruing under the Sublease. If there is an Event of Default by Sublandlord in the performance of its obligations to Landlord under the Lease, then Landlord may, at its option by notice to Sublandlord, either (a) terminate the Lease and the Sublease, (b) during the continuance of such Event of Default, elect to receive and collect, directly from Subtenant, all rent and any other sums owing and to be owed under the Sublease, as further set forth in Section 3.1 below, or (c) terminate the Lease and elect to succeed to Sublandlord’s interest in the Sublease and cause Subtenant to attorn to Landlord, as further set forth in Section 3.2 below. /s/ RG /s/ CW /s/MK Initial Initial Initial
Relationship With Landlord. Subtenant hereby assigns and transfers to Tenant, pursuant to the express terms and conditions of this Section 4 and conditioned thereon, Subtenant's interest in the Sub-Sublease and all rentals and income arising therefrom, provided, however, that, Tenant confirms and agrees that any such rentals or income received by Tenant as a result of such assignment are subject to the assignment by Tenant to Landlord of its interest in the Sublease and all rentals and income arising therefrom, as set forth in the Sublease Consent. Tenant, by consenting to the Sub-Sublease agrees that until an event of default beyond all applicable notice and cure periods shall occur in the performance of Subtenant's obligations under the Sublease, Subtenant may receive, collect and enjoy the full benefits of such interest in the Sub-Sublease, including, without limitation, rents accruing under the Sub-Sublease. In the event Subtenant shall be in default in the performance of its obligations to Tenant under the Sublease beyond any applicable notice and cure period, Tenant may, at its option by notice to Subtenant and Sub-Subtenant, elect to receive and collect, directly from Sub-Subtenant, all rent and any other sums owing and to be owed by Sub-Subtenant under the Sub-Sublease, as further set forth in Section 4.1 below. In the event Tenant shall be in default in the performance of its obligations to Landlord under the Lease and Subtenant shall be in default in the performance of its obligations to Tenant under the Sublease (in each case, beyond any applicable notice and cure periods set forth therein), Landlord may, at its option by notice to Tenant, Subtenant, and Sub-Subtenant elect to receive and collect, directly from Sub-Subtenant, all rent and any other sums owing and to be owed by Sub-Subtenant under the Sub-Sublease, as further set forth in Section 4.1, below. In the event that the Sublease shall be terminated, Tenant may, at its option by notice to Subtenant and Sub-Subtenant, either (x) terminate the Sub-Sublease, or (ii) elect to succeed to Subtenant's interest in the Sub-Sublease and cause Sub-Subtenant to attorn to Tenant, as further set forth in Section 4.2 below. In the event that both the Lease and the Sublease shall be terminated, Landlord may, at its option by notice to Tenant, Subtenant and Sub-Subtenant, either (i) terminate the Sub-Sublease, or (ii) elect to succeed to Subtenant's interest in the Sub-Sublease and cause Sub-Subtenant to attorn to Landlord, as furt...
Relationship With Landlord. Tenant hereby assigns and transfers to -------------------------- Landlord the Tenant's interest in the Sublease and all rentals and income arising therefrom, subject to the terms of this Section 3. Landlord, by --------- consenting to the Sublease agrees that until a default shall occur in the performance of Tenant's obligations under the Lease, Tenant may receive, collect and enjoy the rents accruing under the Sublease. In the event Tenant shall default in the performance of its obligations to Landlord under Section 11.1 of ------------ the Lease (whether or not Landlord terminates the Lease), subject to the terms of that certain Agreement of Non-Disturbance and Attornment (the "Recognition Agreement"), dated as of the date hereof, between Landlord and Subtenant, Landlord may, at its option by notice to Tenant, either (i) terminate the. Sublease, (ii) elect to receive and collect, directly from Subtenant, all rent and any other sums owing and to be owed under the Sublease, as further set forth in Section 4, below, or (iii) elect to succeed to Tenant's interest in the --------- Sublease and cause Subtenant to attorn to Landlord, as further set forth in the Recognition Agreement. Nothing in the preceding election shall diminish or alter Subtenant's non-disturbance protections set forth in Section I of the Recognition Agreement.
Relationship With Landlord. 3.1 Except as otherwise provided by law, nothing contained in this Agreement or the Sublease shall be deemed to create privity of contract between Landlord and Subtenant, to make Subtenant a third party beneficiary of the provisions of the Master Lease, or to create or permit any direct right of action by Subtenant against Landlord for breach of the covenant of quiet enjoyment or any other covenant of Landlord under the Master Lease. Landlord shall have no obligations nor incur any liability to Subtenant with respect to any warranties of any nature, whether pursuant to the Master Lease or the Sublease, or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, construction, or fitness of the Subleased Premises for Subtenant’s purposes.
Relationship With Landlord. Tenant hereby assigns and transfers to Landlord the Tenant’s interest in the Sublease and all rentals and income arising therefrom, subject to the terms of this Section 3 and Article 14 of the Lease. Landlord, by consenting to the Sublease agrees that until a default (after expiration of all applicable notice and cure periods) shall occur in the performance of Tenant’s obligations under the Lease, Tenant may receive, collect and enjoy the rents accruing under the Sublease, subject to Landlord’s right to receive the Transfer Premium pursuant to Section 14.3
Relationship With Landlord. Tenant hereby assigns and transfers to Landlord Tenant's interest in the Sublease and all rentals and income arising therefrom, subject to the terms of this Section 4. Landlord, by consenting to the Sublease agrees that until an event of default beyond all applicable notice and cure periods shall occur in the performance of Tenant's obligations under the Lease, Tenant may receive, collect and enjoy the full benefits of such interest in the Sublease, including, without limitation, the rents and income arising therefrom. In the event Tenant shall be in default in the performance of its obligations to Landlord under Section 18.1 of the Original Lease (as amended) 750262.06/XXX000000-00016/4-6-16/ctl/kmo -2- HCP BTC, LLC[Consent to Sublease] beyond all applicable notice and cure periods, Landlord may, at its option by notice to Tenant, elect to receive and collect, directly from Subtenant, all rent and any other sums owing and to be owed under the Sublease, as further set forth in Section 4.1, below. In the event that the Lease shall be terminated, Landlord may, at its option by notice to Tenant, either (i) terminate the Sublease, or (ii) elect to succeed to Tenant's interest in the Sublease and cause Subtenant to attorn to Landlord, as further set forth in Section 4.2, below.
Relationship With Landlord. Tenant hereby assigns and transfers to Landlord (strictly as security for Tenant's obligations under the Lease, and which shall not be construed as amending Section 14.3 of the Lease) the Tenant's interest in the Sublease and all rentals and income arising therefrom, subject to the terms of this Section 3. Landlord, by consenting to the Sublease agrees that until a default shall occur in the performance of Tenant's obligations under the Lease, Tenant may receive, collect and enjoy the rents accruing under the Sublease, subject to Landlord's right to receive the Transfer Premium pursuant to Section 14.3
Relationship With Landlord. In the event a default (beyond applicable notice and cure periods) shall occur in the performance of Tenant’s obligations under the Master Lease, Tenant shall be deemed to have assigned and transferred to Landlord (without the necessity of any further documentation or notice) the Tenant’s interest in the Sub-Sublease and all rentals and income arising therefrom, subject to the terms of this Section 5. Sub-subtenant, without any offset of rent, hereby expressly waives the right to enforce any such provision of the Sub-Sublease, Master Lease or this Agreement against Landlord. If Tenant defaults in the performance of its obligations to Landlord under Section 19.1 of the Master Lease (whether or not Landlord terminates the Master Lease), Landlord may, as provided by Section 19.2 of the Master Lease, at its option, by notice to Tenant, either (i) terminate the Sub-Sublease; or (ii) elect to receive and collect, directly from Sub-subtenant, all rent and any other sums owing and to be owed under the Sub-Sublease, as further set forth in Section 5.1, below, or (iii) elect to succeed to Tenant’s interest in the Sub-Sublease and to cause Sub-subtenant to attorn to Landlord, as further set forth in Section 5.2, below.
Relationship With Landlord. Tenant shall not use any trademark, service xxxx, trade name or other indicia of the Landlord, nor shall Tenant hold itself out as having any business affiliation with the Landlord other than a landlord-tenant relationship, and upon direction of the City Manager, the Tenant shall issue public disclaimers to that effect.
