Common use of Tenant Remains Liable Clause in Contracts

Tenant Remains Liable. Notwithstanding whether notice is given to Landlord or the consent or approval of Landlord is requested or obtained, no assignment of this Lease or any sublease of all or any portion of the Premises will release or discharge Tenant or any successor tenant thereto from any liability under this Lease and such party(ies) will continue to remain primarily liable under this Lease for the payment of all Basic Rent and Additional Rent and for the performance of all other obligations to be performed by Tenant under this Lease. Following an Event of a Default by any Tenant or a sublessee in the performance of any of the terms hereof, Landlord may proceed directly against Tenant and/or any successor tenant thereto without the necessity of commencing or exhausting any or all remedies against Tenant. In the event of an assignment of this Lease by Tenant, Tenant shall deliver to Landlord a separate and independent agreement in form reasonably satisfactory to both Landlord and Tenant which confirms that Tenant is unconditionally bound by the provisions of this Section 16.10 and expressly provides that the liabilities of Tenant under this Lease shall continue and remain in full force and effect as if this Lease has not been terminated notwithstanding that this Lease is (i) disaffirmed, rejected or terminated in, or by reason of, any proceeding of the types described in Sections 19.1(d), (e) or (f) of this Lease, or in any similar proceeding respecting the then Tenant under this Lease, or (ii) terminated by reason of an Event of Default.

Appears in 2 contracts

Samples: Lease Agreement (South Mountain Merger Corp.), Lease Agreement (BTRS Holdings Inc.)

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Tenant Remains Liable. Notwithstanding whether notice is given any Transfer, Tenant shall remain directly and primarily liable for the payment of the Rental due and to become due under this Lease and the terms, provisions, and conditions contained in this Lease on the part of Tenant to be performed from and after the effective date of the Transfer for the balance of the Term. The consent by Landlord or to a Transfer shall not in any way be construed to relieve Tenant from its obligation to obtain the consent or approval in writing of Landlord is requested to any further Transfer. If Tenant assigns, Transfers, mortgages or obtained, no assignment of encumbers this Lease or any sublease of interest therein or sublets all or any portion of the Premises will release in violation of the provisions of this Article, or discharge Tenant or any successor tenant thereto if the Premises are occupied by anyone other than Tenant, Landlord may collect rent from any liability under such assignee, sublessee or anyone who claims a right to this Lease or who occupies the Premises, and Landlord may apply the net amount collected to the Rental, and no such party(ies) will continue to remain primarily liable under this Lease for the payment of all Basic Rent and Additional Rent and for the performance of all other obligations to collection shall be performed deemed a waiver by Tenant under this Lease. Following an Event of a Default by any Tenant or a sublessee in the performance Landlord of any of the terms hereofand conditions contained in this Article nor an acceptance by Landlord of any such assignee, sublessee, claimant or occupant as Tenant, nor be deemed to release Tenant from the further performance of all of Tenant’s obligations under this Lease. Whether or not Landlord may proceed directly against Tenant and/or consents to any successor tenant thereto without the necessity of commencing or exhausting any or all remedies against Tenant. In the event of an assignment of this Lease by Tenantproposed Transfer, Tenant shall deliver indemnify and hold harmless and defend Landlord from and against any Liabilities arising from or relating to any claims that may be made against Landlord a separate and independent agreement in form reasonably satisfactory to both Landlord and Tenant which confirms that Tenant is unconditionally bound by the provisions of this Section 16.10 and expressly provides that the liabilities of Tenant under this Lease shall continue and remain in full force and effect as if this Lease has not been terminated notwithstanding that this Lease is (i) disaffirmed, rejected or terminated in, proposed Transferee or by reason of, any proceeding of brokers or other persons claiming a commission or similar compensation in connection with the types described in Sections 19.1(d), (e) proposed assignment or (f) of this Lease, or in any similar proceeding respecting the then Tenant under this Lease, or (ii) terminated by reason of an Event of Defaultsublease.

Appears in 2 contracts

Samples: Agreement of Lease (Wayfair Inc.), Agreement of Lease (Wayfair LLC)

Tenant Remains Liable. Notwithstanding whether notice is given to Landlord or the consent or approval of Landlord is requested or obtained, no assignment of this Lease or any sublease of all or any portion of the Premises will release or discharge Tenant or any successor tenant thereto from any liability under this Lease and such party(ies) will continue to remain primarily liable under this Lease for the payment of all Basic Rent and Additional Rent and for the performance of all other obligations to be performed by Tenant under this Lease. Following an Event of a Default by any Tenant or a sublessee in the performance of any of the terms hereof, Landlord may proceed directly against Tenant and/or any successor tenant thereto without the necessity of commencing or exhausting any or all remedies against Tenant. In the event of an assignment of this Lease by Tenant, Tenant shall deliver to Landlord a separate and independent agreement in form reasonably satisfactory to both Landlord and Tenant which confirms that Tenant is unconditionally bound by the provisions of this Section 16.10 and expressly provides that the liabilities of Tenant under this Lease shall continue and remain in full force and effect as if this the Lease has not been terminated notwithstanding that this Lease is (i) disaffirmed, rejected or terminated in, or by reason of, any proceeding of the types described in Sections 19.1(d), (e) or (f) of this Lease, or in any similar proceeding respecting the then Tenant under this Lease, or (ii) terminated by reason of an Event of Default.

Appears in 1 contract

Samples: Lease Agreement (Cognition Therapeutics Inc)

Tenant Remains Liable. Notwithstanding whether notice If this Lease is given assigned, or if the Premises or any part thereof is sublet or occupied by anybody other than Tenant, Landlord may collect Rent from the assignee, subtenant or occupant, and apply the net amount collected to Landlord the Rent herein reserved, but no such assignment, subletting, occupancy or collection shall be deemed a waiver of this covenant, or the consent acceptance of the assignee, subtenant or approval occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant contained in this Lease. Notwithstanding any assignment, mortgage, pledge, encumbrance, transfer or sublease, Tenant shall remain fully liable on this Lease and shall not be released from performing any of the terms, covenants and conditions of this Lease. If Landlord is requested or obtained, no assignment of this Lease or any sublease of advised by its counsel that all or any portion of the Premises will release rent payable under any assignment consented to under this Section 13, is or discharge Tenant may be deemed to be unrelated business income within the meaning of the Internal Revenue Code as amended from time to time (the "Code") or any successor tenant thereto from any liability regulations issued thereunder, Landlord may elect, in Landlord's sole discretion, to amend unilaterally the calculation of rent so that none of the rent payable to Landlord under this Lease will constitute unrelated business income, and Tenant and its assignee shall execute any document necessary to effect such party(ies) amendment; provided, however, that such amendment will continue to remain primarily liable under this Lease for the not increase payment of all Basic Rent and Additional Rent and for the performance of all obligations or other obligations to be performed by Tenant under this Lease. Following an Event of a Default by any Tenant or a sublessee in the performance of any liability of the terms hereof, Landlord may proceed directly against Tenant and/or any successor tenant thereto without the necessity of commencing or exhausting any or all remedies against Tenant. In the event of an assignment of this Lease by Tenant, Tenant shall deliver to Landlord a separate and independent agreement in form reasonably satisfactory to both Landlord and Tenant which confirms that Tenant is unconditionally bound by the provisions of this Section 16.10 and expressly provides that the liabilities of Tenant under this Lease shall continue and remain in full force and effect as if this Lease has not been terminated notwithstanding that this Lease is (i) disaffirmed, rejected or terminated in, or by reason of, any proceeding reduce the obligations of the types described in Sections 19.1(d), (e) or (f) of this Lease, or in any similar proceeding respecting the then Tenant Landlord under this Lease, or (ii) terminated by reason of an Event of Default.

Appears in 1 contract

Samples: Office Lease (Superior National Insurance Group Inc)

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Tenant Remains Liable. Notwithstanding whether notice is given any assignment of this Lease, Tenant shall remain fully liable for the payment of the Rental due and to become due under this Lease and the terms, provisions, and conditions contained in this Lease on the part of Tenant to be performed. The consent by Landlord or to an assignment shall not in any way be construed to relieve Tenant from its obligation to obtain the consent or approval in writing of Landlord is requested to any further assignment. If Tenant assigns, transfers, mortgages or obtained, no assignment of encumbers this Lease or any sublease of interest therein or sublets all or any portion of the Premises will release in violation of the provisions of this Article 17, or discharge Tenant or any successor tenant thereto if the Premises are occupied by anyone other than Tenant, Landlord may collect rent from any liability under such assignee, sublessee or anyone who claims a right to this Lease or who occupies the Premises, and Landlord may apply the net amount collected to the Rental, and no such party(ies) will continue collection shall be deemed a waiver by Landlord of any of the terms, provisions, and conditions contained in this Article 17 nor an acceptance by Landlord of any such assignee, sublessee, claimant or occupant as Tenant, nor be deemed to remain primarily liable under this Lease for release Tenant from the payment of all Basic Rent and Additional Rent and for the further performance of all other of Tenant’s obligations to be performed by Tenant under this Lease. Following an Event of a Default by If Landlord shall decline to give its consent to any Tenant or a sublessee in the performance of any of the terms hereof, Landlord may proceed directly against Tenant and/or any successor tenant thereto without the necessity of commencing or exhausting any or all remedies against Tenant. In the event of an assignment of this Lease by Tenantproposed assignment, Tenant shall deliver indemnify and hold harmless and defend Landlord from and against any Liabilities arising from or relating to any claims that may be made against Landlord a separate and independent agreement in form reasonably satisfactory to both Landlord and Tenant which confirms that Tenant is unconditionally bound by the provisions of this Section 16.10 and expressly provides that the liabilities of Tenant under this Lease shall continue and remain in full force and effect as if this Lease has not been terminated notwithstanding that this Lease is (i) disaffirmed, rejected or terminated in, proposed assignee or by reason of, any proceeding of brokers or other persons claiming a commission or similar compensation in connection with the types described in Sections 19.1(d), (e) or (f) of this Lease, or in any similar proceeding respecting the then Tenant under this Lease, or (ii) terminated by reason of an Event of Defaultproposed assignment.

Appears in 1 contract

Samples: Lease (Amarin Corp Plc\uk)

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