Common use of Relationship With Landlord Clause in Contracts

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 further set forth in Section 4.2, below.

Appears in 1 contract

Samples: Sub Sublease (Prothena Corp PLC)

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Relationship With Landlord. Tenant and Subtenant hereby assigns assign and transfers transfer to Landlord the Tenant, pursuant to ’s and the express terms and conditions of this Section 4 and conditioned thereon, Subtenant's ’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 terms of its interest in the Sublease and all rentals and income arising therefrom, as set forth in the Sublease Consentthis Section 3. TenantLandlord, by consenting to the Sub-Sublease agrees that until an event of a default (beyond all applicable notice and cure periods periods) shall occur in the performance of Subtenant's (a) Tenant’s obligations under the SubleaseLease or Sublease Consent, or (b) Subtenant’s obligations under the Sublease or Sublease Consent, Tenant and/or Subtenant (as applicable) 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 (1) Tenant shall be in default in the performance of fail to perform its obligations to Tenant under the Lease and/or the Sublease beyond any Consent (whether or not Landlord terminates the Lease) and such failure is not cured within the applicable notice and cure periodperiods, or in the event the Lease is terminated for any other reason whatsoever (including the mutual termination thereof by Landlord and Tenant), or (2) Subtenant shall fail to perform its obligations under the Sublease and/or the Sublease Consent (whether or not Landlord or Tenant terminates the Sublease) and such failure is not cured within the applicable notice and cure periods, or in the event the Sublease is terminated for any other reason whatsoever (including the mutual termination thereof by Tenant and Subtenant), then Landlord may, at its option option, by giving notice to Subtenant and Sub-SubtenantSubtenant within two (2) days of a termination and only if the Lease or the Sublease is terminated (as applicable), as to subparts (i) and (iii), either (i) terminate the Sub-Sublease, (ii) 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 4.13.1, below. In the event that the Sublease shall be terminated, Tenant may, at its option by notice to Subtenant and Sub-Subtenant, either and/or (x) terminate the Sub-Sublease, or (iiiii) elect to succeed to Subtenant's ’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 further set forth in Section 4.23.2, below. If Landlord elects to terminate the Sub-Sublease pursuant to clause (i) above, Sub-Subtenant acknowledges and agrees that Landlord shall not have any liability to Sub-Subtenant as a result thereof.

Appears in 1 contract

Samples: Sub Sublease Agreement (CareDx, Inc.)

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Relationship With Landlord. Subtenant Tenant hereby assigns and transfers to Landlord 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 Consentsubject to terms of this Section 4. TenantLandlord, by consenting to the Sub-Sublease agrees that until an event of a default beyond all applicable notice and cure periods shall occur in the performance of SubtenantTenant's obligations under the SubleaseLease, Subtenant Tenant 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 Tenant shall be in default in the performance of its obligations to Tenant Landlord under the Sublease Lease beyond any applicable notice and cure periodperiods (whether or not Landlord terminates the Lease), Tenant Landlord may, at its option by notice to Subtenant and Sub-SubtenantTenant, either (i) terminate the Sublease, subject to SECTION 5 below, (ii) 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 (iiiii) elect to succeed to SubtenantTenant'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 further set forth in Section SECTION 4.2, below. Landlord agrees to copy Subtenant (or later notify Subtenant thereof) on any notice of default delivered to Tenant under the Lease, but Landlord shall not be in default hereunder as a result of a failure to timely deliver any such notice. Landlord and Tenant acknowledge and agree that Subtenant shall have the right, but not the obligation (except for obligations which are Subtenant's obligations under the Sublease), to cure any such Tenant default. Landlord and Tenant agree that if Subtenant cures any such Tenant default which was not otherwise Subtenant's obligation under the Sublease, Subtenant shall be entitled to a dollar for dollar reduction in rent payable to Tenant under the Sublease for all sums so expended.

Appears in 1 contract

Samples: Security Agreement (Overhill Farms Inc)

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