Under this Lease. ☐ Pets Allowed. The Tenant shall be allowed to have pet(s) on the Property consisting of ☐ Dogs ☐ Cats ☐ Fish ☐ Other not weighing more than ☐ pounds. The Landlord shall administer a fee of $ per pet on the Property. Landlord shall be held harmless in the event any of the Tenant’s pets cause harm, injury, death, or sickness to another individual or animal. Tenant is responsible and liable for any damage or required cleaning to the Property caused by any authorized or unauthorized animal and for all costs Landlord may incur in removing or causing any animal to be removed. ☐ Pets Not Allowed. There shall be no animals permitted on the Property or in any common areas UNLESS said pet is legally allowed under the law in regard to assistance with a disability. Pets shall include, but not be limited to, any mammal, reptile, bird, fish, rodents, or insects on the Property.
Under this Lease. ☐ Subletting Not Allowed. Tenant shall not assign this Lease or sublet or grant any license to use the Property or any part thereof without the prior written consent of the Landlord. A consent by Landlord to one such assignment, sub-letting, or license shall not be deemed to be a consent to any subsequent assignment, sub-letting, or license. An assignment, sub-letting, or license without the prior written consent of Landlord or an assignment or subletting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Lease.
Under this Lease. If a fully executed and acknowledged original copy of such non-disturbance and attornment agreement is not delivered to Tenant within such forty-five (45) day period, Tenant, as its sole remedy for Landlord's failure to obtain the non-disturbance and attornment agreement, may by notice given within fifteen (15) days after the expiration of such forty-five (45) day period, terminate this Lease on a date specified in such notice which shall not be later than thirty (30) days after the date of said notice, unless prior to such termination date all such copies are delivered to Tenant or Tenant elects to rescind such notice. In the event of such termination, neither Landlord nor Tenant shall have any further liability to each other except that Landlord shall return to Tenant all moneys given to Landlord upon the execution of this Lease. Concurrently with the execution of this Lease, Tenant has executed a non- disturbance and attornment agreement with respect to such mortgagee. It is further agreed that this Lease shall not be subject and subordinate to and Tenant shall not be required to attorn to any mortgages or any ground or underlying leases which may hereafter affect the Building Project, unless the holder of each such mortgage or lessor under each such lease executes such non- disturbance and attornment agreement in the then customary form of such mortgagee or lessor.
Under this Lease. Notwithstanding anything herein to the contrary, Landlord and Tenant shall each have the right, at any time and from time to time, to elect, upon delivery of not less than thirty (30) days’ prior written notice to the other, to have Landlord make a cash payment to Tenant equal to the monthly Base Rent attributable to the initial Premises being leased hereunder for any one or more of the Rent Abatement Months which have not theretofore occurred, in which case Tenant shall no longer be entitled to the aforementioned abatement of Base Rent for the applicable Rent Abatement Month(s) for which Landlord has made such cash payment; provided that in no event shall either Landlord or Tenant have the right to exercise such cash conversion right described in this sentence at any time prior to the Commencement Date of this Lease. Further, notwithstanding anything contained herein to the contrary, Base Rent for that portion of the initial Premises leased hereunder equal to 8,000 RSF shall abate for each Partial Rent Abatement Month (as defined in Section 1.M. above); provided that Tenant shall remain responsible for all other obligations of Tenant hereunder during each of the aforedescribed Partial Rent Abatement Months (including, without limitation, the remaining balance of Base Rent due and owing for each such Partial Rent Abatement Month, but subject to the partial abatement of Additional Rent for the Partial Rent Abatement Months as expressly provided for in Section 5.B.(ii) below), and provided further, that such abatement of Base Rent shall not apply for any Partial Rent Abatement Month during which Tenant, at any time, is otherwise in Default under this Lease. Notwithstanding anything herein to the contrary, Landlord and Tenant shall each have the right, at any time and from time to time, to elect, upon delivery of not less than thirty (30) days’ prior written notice to the other, to have Landlord make a cash payment to Tenant equal to the portion of monthly Base Rent attributable to the initial Premises being leased hereunder which would otherwise be subject to abatement for any one or more of the Partial Rent Abatement Months as provided in this paragraph and which have not theretofore occurred, in which case Tenant shall no longer be entitled to the aforementioned abatement of Base Rent for the applicable Partial Rent Abatement Month(s) for which Landlord has made such cash payment; provided that in no event shall either Landlord or Tenant have the right to ...
Under this Lease. Upon the occurrence of a default hereunder, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or by law, may, at its option, collect directly from the assignee or subtenant all rent becoming due to Landlord by reason of the assignment or subletting. Any collection by Landlord from the assignee or subtenant shall not be construed to constitute a waiver or release of Tenant from the further performance of its obligations under this Lease or the making of a new lease with such assignee or subtenant. If Tenant shall make any assignment or sublease, with Landlord's consent, for a rental in excess of the rent payable under this Lease (including any applicable escalations), after deducting reasonable and customary expenses incurred by Tenant in connection therewith and paying to Landlord reasonable and customary expenses incurred by it in connection therewith, Tenant shall retain fifty percent (50%) of such excess and shall pay the remaining fifty percent (50%) to Landlord. Landlord may, in the reasonable exercise of its discretion, refuse to give its consent to any proposed assignment or subletting for any reason (other than the creditworthiness of the proposed assignee or subtenant), including, but not limited to Landlord's determination that its interest in the Lease or the Leased Premises would be adversely affected by (i) the business reputation of the proposed assignee or subtenant, or (ii) the proposed use of the Leased Premises by, or business of, the proposed assignee or subtenant. If Landlord refuses to give its consent to any proposed assignment or subletting, Landlord may, at its option, within thirty (30) days after receiving notice of the proposal, terminate this Lease in the case of a proposed assignment, or in the case of proposed subletting, terminate this Lease with respect to the portion of the Leased Premises proposed to be sublet, by giving Tenant thirty (30) days prior written notice of such termination, whereupon this Lease (in the case of a proposed assignment), or portion of the Lease with respect to the proposed area to be sublet, shall terminate.
Under this Lease. In the event Landlord shall disapprove any proposed Annual Budget (or revision thereto), or in the event of a dispute with respect to the matter referred to in this Section 9.4, and Landlord and Tenant are unable to resolve the disputed matters submitted by Landlord within fifteen (15) days, then such disputed or objectionable matters shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration shall be conducted in Phoenix, Arizona. Until such time as Landlord and Tenant are able to resolve the disputed or objectionable matters, through arbitration or otherwise, the aggregate amount of expenses reflected in the Annual Budget for the preceding fiscal year, plus or minus, at Tenant's discretion, the greater of (x) ten percent (10%) thereof or (y) the increase in the cost of living from the first day of the preceding fiscal year based upon the Consumer Price Index - United States (1982=100), Medical Costs, published by the bureau of Labor Statistics of the United States Department of Labor, shall be the amount of expenses authorized by the Annual Budget in effect until such time as a new Annual Budget has been approved by Landlord.
Under this Lease. Neither Tenant nor its insurers shall be entitled to receive any contribution from any insurance policies separately maintained by Landlord, and Tenant agrees to indemnify, protect, defend and hold harmless Landlord and any of Landlord's insurers from any claim, suit or cause of action asserted or brought by Tenant's insurers for, on behalf of, or in the name of Tenant, including but not limited to, claims for contribution, indemnity or subrogation. Neither Landlord nor its insurers shall be entitled to receive any contribution from any insurance policies separately maintained by Tenant, and Landlord agrees to indemnify, protect, defend and hold harmless Tenant and any of Tenant's insurers for, on behalf of, or in the name of Landlord, including but not limited to, claims for contribution, indemnity or subrogation. The mutual releases, discharges and waivers contained in this provision shall apply EVEN IF THE LOSS OR DAMAGE TO WHICH THIS PROVISION APPLIES IS CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD OR TENANT.