Rights of Landlord. (a) Consent by Landlord to one or more assignments of this Lease, or to one or more sublettings of the Premises or any portion thereof, or collection of rent by Landlord from any assignee or sublessee, shall not operate to exhaust Landlord's rights under this Article 13, nor constitute consent to any subsequent assignment or subletting. No assignment of Tenant's interest in this Lease and no sublease shall relieve Tenant of its obligations hereunder, notwithstanding any waiver or extension of time granted by Landlord to any assignee or sublessee, or the failure of Landlord to assert its rights against any assignee or sublessee, and regardless of whether Landlord's consent thereto is given or required to be given hereunder. In the event of a default by any assignee, sublessee or other successor of Tenant in the performance of any of the terms or obligations of Tenant under this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against any such assignee, sublessee or other successor. In addition, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Premises as permitted under this Lease, and Landlord, as Tenant's assignee and as attorney-in-fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent and to retain all sublease profits (subject to the provisions of Section 13.2(c), below).
Rights of Landlord. If this Lease is assigned, or if the Premises (or any part thereof) are sublet or used or occupied by anyone other than Tenant, whether or not in violation of this Lease, Landlord or Agent may (without prejudice to, or waiver of its rights), collect Rent from the assignee, subtenant or occupant. Landlord or Agent may apply the net amount collected to the Rent herein reserved, but no such assignment, subletting, occupancy or collection shall be deemed a waiver of any of the provisions of this SECTION 8. With respect to the allocable portion of the Premises sublet, in the event that the total rent and any other considerations received under any sublease by Tenant is greater than the total Rent required to be paid, from time to time, under this Lease, Tenant shall pay to Landlord one hundred percent (100%) of such excess as received from any subtenant and such amount shall be deemed a component of the Additional Rent.
Rights of Landlord. Landlord reserves the following rights with respect to the Premises:
Rights of Landlord. Guarantor authorizes Landlord, without notice or demand and without affecting its liability hereunder, from time to time to (a) extend, accelerate, or otherwise change the time for any payment provided for in the Lease, or any covenant, term or condition of the Lease, delay enforcing Landlord’s remedies or rights against Tenant in connection with the Lease, and consent to any assignment, subletting or reassignment of the Lease, (b) take and hold security for any payment provided for in the Lease or for the performance of any covenant, term or condition of the Lease, or exchange, waive or release any such security; and (c) apply such security and direct the order or manner of sale thereof as Landlord in its sole discretion may determine. Landlord may without notice assign this Guaranty, the Lease, or the rents and other sums payable thereunder. Notwithstanding any termination, renewal, extension, or holding over of the Lease, or any assignment of the Lease by Landlord or Tenant, this Guaranty shall continue until all of Tenant’s Obligations have been fully and completely performed by Tenant. Guarantor shall not be released by any act or event which might, but for this provision of this Guaranty, be deemed a legal or equitable discharge of a surety, or by reason of any waiver, extension, modification, forbearance or delay or other act or omission of the Landlord or its failure to proceed promptly or otherwise as against Tenant or Guarantor, or by reason or any action taken or omitted or circumstance which may or might vary the risk or affect the rights or remedies of Guarantor as against Tenant, or by reason of any further dealings between Tenant and Landlord, whether relating to the Lease or otherwise, and Guarantor hereby expressly waives and surrenders any defense to its liability hereunder based upon any of the foregoing acts, omissions, things, or agreements. It is the purpose and intent of this Guaranty that the obligations of Guarantor hereunder are absolute and unconditional under any and all circumstances. Notwithstanding any provision hereof to the contrary, Guarantor shall be released and discharged of its obligations hereunder if and to the same extent as Tenant is released or discharged of its obligations under the Lease with the consent of Landlord or in accordance with the terms of the Lease. The foregoing sentence shall in no way affect any waivers or any bankruptcy provisions set forth herein. Guarantor further agrees that to the extent Tena...
Rights of Landlord. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in good order, condition and repair, Landlord will have the right to perform such maintenance, repairs, refurbishing or repairing at Tenant’s expense.
Rights of Landlord. Without limiting the generality of Article l2 of the Initial Lease, and notwithstanding anything to the contrary, Tenant shall permit Landlord and Landlord’s partners, trustees, consultants, members, affiliates, agents, directors, shareholders, employees and contractors (collectively, “Landlord’s Parties”) to enter into the Premises at any time, without notice, for the purpose of inspecting the same, for the purpose of showing the same to prospective purchasers, lenders and/or tenants, for the purpose of repairing, altering or improving the Premises or the Building, or for any other purpose as determined necessary by Landlord (collectively, “Landlord’s Right of Entry”), any and all such entries and activities to be entirely at Landlord’s risk and expense (and, subject to the provisions of this paragraph, Landlord shall hold harmless, indemnify and defend Tenant from and against any and all claims, liability and expenses resulting therefrom). Without limiting the generality of the foregoing, Landlord may, upon two (2) weeks prior notice to Tenant, host an event in the Premises in connection with the 2005 NCAA Men’s Basketball Tournament (which event shall be deemed an exercise of Landlord’s Right of Entry and shall be subject to all terms and conditions governing Landlord’s Right of Entry, except only that two (2) weeks prior notice shall be required for such event). Tenant shall not (and Tenant shall ensure that its agents do not) interfere with Landlord or Landlord’s Parties in connection with Landlord’s Right of Entry, and Tenant shall cooperate with Landlord and Landlord’s Parties in connection with the same. Tenant hereby agrees that (i) the exercise of Landlord’s Right of Entry shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent payable pursuant to the Lease, and (ii) Landlord shall have no responsibility for, or for any reason be liable to, Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the exercise of Landlord’s Right of Entry, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the exercise of Landlord’s Right of Entry or Landlord’s or Landlord’s Parties’ actions in connection with the exercise of Landlord’s Right of Entry, or for any inconvenience or annoyance occasioned by the exercise of Landlord’s Rig...
Rights of Landlord. If this Lease is assigned, or if the Premises (or any part thereof) are sublet or used or occupied by anyone other than Tenant, whether or not in violation of this Lease, Landlord or Agent may (without prejudice to, or waiver of Landlord’s rights), Tenant hereby authorizes Landlord to collect Rent from the assignee or, after default by Tenant under this Lease, from the subtenant or occupant. Landlord or Agent may apply the net amount collected to the Rent herein reserved, but no such assignment, subletting, occupancy or collection shall be deemed a waiver of any of the provisions of this Section 8.2.
Rights of Landlord. Tenant shall permit Landlord and Landlord’s agents and any mortgagee under a mortgage or beneficiary under a deed of trust encumbering the Building containing the Leased Premises and such party’s agents to enter the Leased Premises upon not less than twenty-four (24) hours’ prior written notice (except in case of emergency in which case Landlord shall endeavor to give such notice as the circumstances may permit, which may be telephonic notice) for the purpose of (a) inspecting the same, (b) maintaining the Building, (c) making repairs, replacements, alterations or additions to any portion of the Building, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required, (d) posting notices of non-responsibility for alterations, additions or repairs, (e) placing upon the Building any usual or ordinary “for sale” signs and showing the space to prospective purchasers, investors and lenders, without any rebate of rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Leased Premises thereby occasioned, and (f) during the last twelve (12) months of the Term, placing on the Leased Premises any “to let” or “to lease” signs and marketing and showing the Leased Premises to prospective tenants. This Section in no way affects the maintenance obligations of the parties hereto.
Rights of Landlord. Throughout the course of construction of the Tenant Improvements, Landlord shall have the unconditional right to review and inspect such construction by and through its agents and employees, including without limitation Landlord's architect. If at any time Landlord disapproves of the materials or workmanship of the Tenant Improvements by Tenant, Landlord shall promptly give Tenant written notice thereof, specifying the deficiencies or defects therein. Upon receipt of any such notice, Tenant shall immediately commence correction of the defect or deficiency in a manner and to a condition acceptable to Landlord. Should Tenant fail to commence or complete any such correction as herein provided, or should Landlord deliver to Tenant three (3) or more such notices during the course of construction of the Tenant Improvements, Landlord shall have the immediate right to order the discontinuance of any further construction of the Tenant Improvements by or on behalf of Tenant, and Landlord may, but shall not be obligated to, complete the construction of such Tenant Improvements in accordance with the Working Plans. Should Landlord elect to complete the Tenant Improvements as herein provided, Landlord shall be entitled to any and all funds remaining in the Allowance to pay for the costs of completing said construction, and any additional costs incurred in connection therewith shall be the obligation of and shall be paid by Tenant within ten (10) days after written demand by Landlord. In addition, Landlord shall be entitled to a construction fee for the costs of administering and completing the Tenant Improvements in an amount equal to five percent (5%) of all costs incurred by Landlord in completing the Tenant Improvements, which fee shall not be part of the Allowance or the development review fee incorporated into the Tenant Improvement Costs.
Rights of Landlord. Landlord may sell, transfer, assign, and convey, all or any part of the Building and/or the Land and any and all of its rights under this Lease, and in the event Landlord assigns its rights under this Lease and provides written notice of such assignment to Tenant, Landlord shall be released from any further obligations hereunder, and Tenant agrees to look solely to Landlord's successor in interest for performance of such obligations.
