Common use of Conditions of Assignment Clause in Contracts

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen days after Lessor’s receipt of Lessee’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, either: (i) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee; or (ii) refuse to consent to the proposed assignment or sublease, which refusal is deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease. Lessee agrees that any collection directly by Lessor from the assignee or sublessee is not intended to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 2 contracts

Samples: Lease Agreement (Xtera Communications, Inc.), Commercial Lease (Xtera Communications, Inc.)

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Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premisesto an unaffiliated entity, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after LessorLandlord’s receipt of LesseeTenant’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (ia) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (sublease, or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, exceeds the rent Rent payable under this the Lease for such space, Lessee Tenant shall pay to Lessor Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee; Tenant, or (iic) refuse refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents rent becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 2 contracts

Samples: Office Lease (Interface Security Systems, L.L.C.), Office Lease (Interface Security Systems Holdings Inc)

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must provide Lessor with a copy of the proposed assignment or of sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen days after Lessor’s receipt of Lessee’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute reasonable discretion, either: (i) cancel this Lease as to (a) the Leased Premises or (b) that portion thereof proposed to be assigned or sublet at Lessor’s option; (ii) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole reasonable discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident theretothereto that relates to the subject space or this Lease) exceeds the rent payable under this Lease for such spacespace plus all costs reasonably incurred by Lessee in negotiating the transaction and preparing the space for the assignee or sublessee, Lessee shall pay to Lessor 50% of all such excess rent and other excess consideration within ten days following receipt thereof by Lessee; Lessee or (iiiii) refuse to consent to the proposed assignment or sublease, which refusal is deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an event of defaultEvent Of Default, if all or any part of the Leased Premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease. Lessee agrees that any collection directly by Lessor from the assignee or sublessee is not intended to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-non refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, expenses incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, up to a maximum of an additional $500.00, are the responsibility of Lessee and must be paid by Lessee within five live (5) days of demand for payment thereof.

Appears in 2 contracts

Samples: Lease Agreement (Gevo, Inc.), Lease Agreement (Gevo, Inc.)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten (10) days following receipt thereof by LesseeTenant; or (ii2) refuse refuse, with reasonable judgement, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 2 contracts

Samples: Lease Terms (Intranet Solutions Inc), Digital River Inc /De

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen seven (7) business days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor all Landlord one-half (1/2) of such excess rent and other excess consideration within ten (10) days following receipt thereof by LesseeTenant; or (ii2) refuse refuse, subject to the limitations set forth in Section 9.2 above, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Landlord shall, upon Tenant's request, provide the reasons for any refusal. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 2 contracts

Samples: Lease Terms (Fair Isaac & Company Inc), Fair Isaac & Company Inc

Conditions of Assignment. If Lessee With the exception of a Permitted Assignment, if Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee subtenant or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee subtenant or assignee. Within fifteen (15) days after LessorLandlord’s receipt of LesseeTenant’s proposed assignment or sublease and all required information concerning the proposed sublessee subtenant or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord is entitled to exercise any of the following options: (i1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor Landlord in its sole reasonable discretion, and, if the rent due and payable by any assignee or sublessee subtenant under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor all Landlord one-half (1/2) of such excess rent and other excess consideration within ten days following immediately upon receipt thereof by Lessee; Tenant, or (ii2) refuse refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal is will be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence If Landlord exercises option (1) above, and thereafter an Event of an event of defaultDefault occurs, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee subtenant all rents becoming due to Lessee Tenant by reason of the assignment or sublease. Lessee Tenant agrees that any collect collection directly by Lessor Landlord from the assignee or sublessee is subtenant may not intended to constitute be construed as, or constitute, a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessora request for Landlord’s review of any assignment or sublease, Lessee Tenant must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, pay Landlord all legal fees and expenses, not to exceed $1,000, expenses incurred by Lessor Landlord in connection with the review by Lessor Landlord of LesseeTenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee sublease within five thirty (530) days of demand with supporting documentation for payment thereof.

Appears in 2 contracts

Samples: Lease Agreement (Oxford Immunotec Global PLC), Lease Agreement (Oxford Immunotec Global PLC)

Conditions of Assignment. If Lessee With the exception of an assignment or sublease to a Permitted Transferee, if Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor with Landlord With a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen fifteen(15) days after LessorLandlord’s receipt of LesseeTenant’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or or, sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten (10) days following receipt thereof by LesseeTenant; or (ii3) refuse refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the this assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations obligation under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Cardiovascular Systems Inc

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premisesleased premises, it must shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee subtenant or assignee. Within fifteen days after Lessor’s 's receipt of Lessee’s 's proposed assignment or sublease and all required information concerning the proposed sublessee subtenant or assignee, Lessor may, in its sole and absolute discretion, eithershall have the following options: (i1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration therefore or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all fifty percent (50%) such excess rent and other excess consideration within ten days following receipt thereof by Lessee; or (ii3) refuse refuse, in its reasonable discretion and judgment, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee subtenant all rents becoming due to Lessee by reason of the assignment or sublease. Lessee agrees that any Any collection directly by Lessor from the assignee or sublessee is subtenant shall not intended be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease (SPR Inc)

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must Lessee shall so notify Lessor at least thirty (30) days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must shall submit to Lessor a non-refundable processing fee of $300.00 for each such requests and shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Lessor’s 's receipt of Lessee’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, to include a non-refundable processing fee, Lessor may, in its sole and absolute discretion, eithershall have the following options: (i1) to cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (2) to consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent rental due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the base rent and additional rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee; or (ii3) refuse to refuse, in the exercise of its good faith and reasonable judgement, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an any event of default, if all or any part of the Leased Premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: New Era of Networks Inc

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed assignee or sublessee or assignee to allow Lessor Landlord to make informed judgments judgment, as to the financial condition, reputation, operations and general desirability of the proposed sublessee assignee or assigneesublessee. Within fifteen (15) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee assignee or assigneesublessee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, and if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) net of Tenant's out-of-pocket expenses in procuring the proposed assignment or sublease exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten (10) days following receipt thereof by LesseeTenant; or (ii3) refuse refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which . Which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or our sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Agreement (Gt Interactive Software Corp)

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any licenseleased premises, concession or other right of occupancy of any portion of the Leased Premises, it must Lessee shall so notify Lessor at least thirty fifteen (15) days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen ten (10) days after Lessor’s 's receipt of Lessee’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eithershall have the following options: (i1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee; or (ii2) refuse to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease. Lessee agrees that any Any collection directly by Lessor from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition The terms of this section 9.03 shall not apply to Lessor’s review of any an assignment or sublease, Lessee must deliver subletting to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereofRelated Party.

Appears in 1 contract

Samples: Basic Lease Terms (Gulfstream Aerospace Corp)

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premisesleased premises, it must shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen five (5) days after Lessor’s 's receipt of Lessee’s 's proposed assignment or of sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eithershall have the following options: (i1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee; : or (ii3) refuse refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal is deemed to have been exercised unless ; Lessor gives will give Lessee written notice providing otherwiseof refusal within ten (10) days after receipt of all documentation. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, Lessor, Lessor in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Basic Lease Terms (Allstar Systems Inc)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premisesto a third party which is not a Permitted Assignee, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent rent, less Tenant's reasonable costs in completing the assignment or subletting, and other excess consideration within ten (10) days following receipt thereof by LesseeTenant; or (ii2) refuse to consent to the proposed assignment or subleasesublease if such refusal is commercially reasonable, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Fieldworks Inc

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premisesleased premises, it must shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow allow, Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen days after Lessor’s 's receipt of Lessee’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eithershall have the following options: (i1) [omitted] (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, sublease and, if the rent due and payable by any assignee assigneee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee; or (ii3) refuse refuse, in its sole and absolute discretion and judgement, to consent conceal to the proposed assignment or sublease, sublease which refusal is shall be deemed to have been exercised unless Lessor gives Lessee lessee written notice providing otherwise. Upon the occurrence of an event of default, if all any or any part of the Leased Premises leased premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease case or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Lessee agrees that any Any collection directly directly, by Lessor from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Agreement (Performance Printing Corp)

Conditions of Assignment. If Lessee desires to assign or sublet all or OR any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premisesleased premises, it must shall so notify Lessor Lessor, in writing, at least thirty (30) days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments judgements as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Lessor’s 's receipt of Lessee’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eithershall have the following options: (i1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee; or (ii3) refuse refuse, in its sole and absolute discretion and judgement, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by lawLaw, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Agreement (Bollinger Industries Inc)

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premisesleased premises, it must shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen days after Lessor’s 's receipt of Lessee’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eithershall have the following options: (i1) consent to the proposed assignment or of sublease, pursuant to a Consent Agreement on a form approved by Lessor or (2) refuse, in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee; or (ii) refuse reasonable determination to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part party of the Leased Premises leased premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease lease or provided by law, law may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or of sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Agreement (Vialog Corp)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after LessorLandlord’s receipt of LesseeTenant’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) cancel this Lease as to the Premises or portion thereof proposed to be assign or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten (10) days following receipt thereof by LesseeTenant; or (ii3) refuse refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Agreement (Vascular Solutions Inc)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must so notify Lessor Landlord at least thirty twenty (20) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must and provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee subtenant or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee subtenant or assignee. Within fifteen ten (10) business days after LessorLandlord’s receipt of LesseeTenant’s proposed assignment or sublease and all required information concerning the proposed sublessee subtenant or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord is entitled to exercise any of the following options: (i1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement consent agreement executed by Tenant and the proposed assignee or subtenant containing such terms as Landlord may require on a form approved by Lessor Landlord in its sole reasonable discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee; or (ii2) refuse to consent to if, in its reasonable discretion and judgment, the proposed assignment or subleasesublease is unacceptable to Landlord. Any sublease or assignment to the extent permitted hereunder, which refusal is deemed to have been exercised unless Lessor gives Lessee written notice providing otherwiseshall not relieve the Tenant of its liability under the provisions of this Lease. Upon Notwithstanding the occurrence preceding provisions of an event of defaultSections 9.02 and 9.03 above, if all Tenant may assign or sublet the Leased Premises, or any part of the Leased Premises are then assigned or subletthereof, Lessor, in addition to any other remedies provided entity controlling Tenant, controlled by this Lease or provided by lawTenant, maywithout the prior written consent of Landlord; provided, at its optionhowever, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason that Tenant shall immediately provide Landlord with written notice of the any such assignment or sublease. Lessee agrees that any collection directly by Lessor from the assignee or sublessee is not intended to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Commercial Lease Agreement (Basanite, Inc.)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty fifteen (15) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen seven (7) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such spacespace after subtracting costs of procurement of sublessee, Lessee Tenant shall pay to Lessor all Landlord half (1/2) of such excess rent and other excess consideration within ten (10) days following receipt thereof by LesseeTenant; or (ii3) refuse refuse, with reasonable discretion and judgement, to consent to the proposed assignment or sublease, which refusal is deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Norstan Inc

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after LessorLandlord’s receipt of LesseeTenant’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such such. space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten (10) days following receipt thereof by LesseeTenant; or (ii2) refuse to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Lessee agrees that any collection Any collections directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee or any guarantor Tenant from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Agreement (Enpath Medical Inc)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty fifteen (15) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen five (5) days after Lessor’s Xxxxxxxx's receipt of Lessee’s Xxxxxx's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten (10) days following receipt thereof by LesseeXxxxxx; or (ii2) refuse refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Agreement (Xata Corp /Mn/)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee subtenant or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee subtenant or assignee. Within fifteen (15) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee subtenant or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord is entitled to exercise any of the following options: (i1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor Landlord in its sole reasonable discretion, and, if the rent due and payable by any assignee or sublessee subtenant under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor all Landlord fifty percent (50%) of such excess rent and other excess consideration within ten days following immediately upon receipt thereof by Lessee; Tenant, after deducting therefrom all costs and expenses incurred by Tenant in connection with such assignment or sublease, or (ii2) refuse refuse, in its reasonable discretion and judgment, to consent to the proposed assignment or sublease. If Landlord exercises option (1) above, which refusal is deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence and thereafter an Event of an event of defaultDefault occurs, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee subtenant all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord will be entitled to a security interest in all property located on the Leased Premises to secure payment of such sums. Lessee Tenant agrees that any collection directly by Lessor Landlord from the assignee or sublessee is subtenant may not intended to constitute be construed as, or constitute, a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s a request for Landlord's review of any assignment or sublease, Lessee Tenant must deliver to Lessor a nonpay Landlord all reasonable out-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all of-pocket legal fees and expenses, not to exceed $1,000, expenses incurred by Lessor Landlord in connection with the review by Lessor Landlord of Lessee’s Tenant's requested assignment or sublease together with any reasonable out-of-pocket legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee sublease within five (5) days of demand for payment thereof, provided Tenant's responsibilities for such amounts shall not exceed $1,000.

Appears in 1 contract

Samples: Lease Terms (I Sector Corp)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after LessorLandlord’s receipt of LesseeTenant’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten (10) days following receipt thereof by LesseeTenant; or (ii3) refuse refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease. Lessee agrees that any collection Any collections directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Agreement (Delphax Technologies Inc)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten 0 0) days following receipt thereof by LesseeTenant; or (ii3) refuse refuse, in its sole and absolute discretion and judgement, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Vital Health Technologies Inc

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premisesleased premises, it must shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow allow, Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen days after Lessor’s 's receipt of Lessee’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eithershall have the following options: (i1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee; or (ii3) refuse refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, sublease which refusal is shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Lessee agrees that any Any collection directly directly, by Lessor from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Agreement (Learningstar Inc)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee sublease, or assignee. Within fifteen days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, and if the rent Rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent Rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent Rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent Rent and other excess consideration within ten days following receipt thereof by LesseeTenant; or (ii3) refuse refuse, in its reasonable discretion and judgment, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwiseotherwise within 10 days. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all property on the Premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Office Lease (V2K International Inc)

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premisesleased premises, it must shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments judgements as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen days after Lessor’s receipt of Lessee’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eithershall have the following options: (i1) consent to the proposed assignment or of sublease, pursuant to a Consent Agreement on a form approved by Lessor or (2) refuse, in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee; or (ii) refuse reasonable determination to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part party of the Leased Premises leased premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease lease or provided by law, law may, at its option, collect directly from the assignee or sublessee all rents becoming due clue to Lessee by reason of the assignment or of sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Office Lease (Ptek Holdings Inc)

Conditions of Assignment. If Lessee Sublessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased PremisesPremise, it must shall so notify Lessor Sublessor at least thirty (30) days in advance of the date on which Lessee Sublessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Sublessee shall provide Lessor Sublessor with a copy of the proposed assignment or sublease and such information as Lessor Sublessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor Sublessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after LessorSublessor’s receipt of LesseeSublessee’s proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, Lessor may, in its sole and absolute discretion, eitherSublessor shall have the following options: (i) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretionwhich consent shall not be unreasonably withheld, and, if the rent due and payable by any assignee conditioned or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lesseedelayed; or (ii) refuse refuse, in its reasonable discretion and judgment, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Sublessor gives Lessee Sublessee written notice providing otherwise. Upon Notwithstanding the occurrence of an event of defaultforegoing, if all Sublessee shall have the right, without Sublessor’s consent, to sublet the Subleased Premises or any part of the Leased Premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at assign its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease. Lessee agrees that any collection directly by Lessor from the assignee or sublessee is not intended to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations rights under this Lease. As Sublease to Sublessee’s parent company or to a condition to Lessor’s review of any assignment subsidiary or sublease, Lessee must deliver to Lessor affiliate controlled by Sublessee or its parent company (each a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees “Subsidiary”) provided Sublessee provides the notice required above and expenses, not to exceed $1,000, incurred by Lessor in connection with provides such information about the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereofentity as Sublessor may reasonably require.

Appears in 1 contract

Samples: Escrow Agreement (Hurco Companies Inc)

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premisesleased premises to an outside third party, it must shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen days after Lessor’s 's receipt of Lessee’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eithershall have the following options: (i1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee; or (ii3) refuse refuse, with reasonable cause, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor from the assignee or sublessee is not intended to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.by

Appears in 1 contract

Samples: Lease Agreement (Spacehab Inc \Wa\)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord fifty percent (50%) of all such excess rent (after reduction for reasonable expenses incurred by Tenant to procure such rent) and other excess consideration within ten (10) days following receipt thereof by LesseeTenant; or (ii3) refuse refuse, in its sole and absolute discretion and judgement, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Terms (Micro Component Technology Inc)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee; or (ii3) refuse refuse, in its reasonable discretion and judgment, as provided above, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, option collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Office Lease (Trizetto Group Inc)

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any licenseover 3,000 Rentable Square Feet, concession or other right of occupancy of any portion of the Leased Premises, it must Lessee shall so notify Lessor at least thirty (30) days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must shall submit to Lessor a non-refundable processing fee of $300.00 for each such requests and shall provide Lessor with a copy of the proposed assignment or sublease and such reasonable information as Lessor might reasonably request concerning the proposed sublessee sublease or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Lessor’s 's receipt of Lessee’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, to include a non-refundable processing fee, Lessor may, in its sole and absolute discretion, eithershall have the following options: (i1) to cancel this Lease as to the portion thereof proposed to be assigned or subleased; (2) to consent to the proposed assignment or sublease, pursuant (3) to a Consent Agreement on a form approved by Lessor refuse, in the exercise of its sole discretiongood faith and reasonable judgement, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee; or (ii) refuse to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an any event of default, if all or any part of the Leased Premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: New Era of Networks Inc

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Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee subtenant or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee subtenant or assignee. Within fifteen (15) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee subtenant or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord is entitled to exercise any of the following options: (i1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor Landlord in its sole reasonable discretion, and, if the rent due and payable by any assignee or sublessee subtenant under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor all Landlord fifty percent (50%) of such excess rent and other excess consideration within ten days following immediately upon receipt thereof by Lessee; Tenant, after deducting therefrom all costs and expenses incurred by Tenant in connection with such assignment or sublease, or (ii2) refuse refuse, in its reasonable discretion and judgment, to consent to the proposed assignment or sublease. If Landlord exercises option (I) above, which refusal is deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence and thereafter an Event of an event of defaultDefault occurs, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee subtenant all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord will be entitled to a security interest in all property located on the Leased Premises to secure payment of such sums. Lessee Tenant agrees that any collection directly by Lessor Landlord from the assignee or sublessee is subtenant may not intended to constitute be construed as, or constitute, a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s a request for Landlord's review of any assignment or sublease, Lessee Tenant must deliver to Lessor a nonpay Landlord all reasonable out-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all of-pocket legal fees and expenses, not to exceed $1,000, expenses incurred by Lessor Landlord in connection with the review by Lessor Landlord of Lessee’s Tenant's requested assignment or sublease together with any reasonable out-of-pocket legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee sublease within five (5) days of demand for payment thereof, provided Tenant's responsibilities for such amounts shall not exceed $1,000.

Appears in 1 contract

Samples: Basic Lease Terms (INX Inc)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten (10) days following receipt thereof by LesseeTenant; or (ii3) although such consent shall not he unreasonably withheld, Landlord may refuse to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Lessee agrees that any collection Any collections directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Basic Lease Terms (Atmi Inc)

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premisesleased premises, it must shall so notify Lessor at least thirty twenty days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen days after Lessor’s 's receipt of Lessee’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eithershall have the following options: (i1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent or other consideration provided by Lessee in lieu of excess rent which is attributable to rent and other excess consideration rent only within ten days following receipt thereof by Lessee; or (ii3) refuse refuse, in its reasonable discretion, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Agreement (Styrochem International LTD)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to ot make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, condition reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee; Tenant or (ii3) refuse refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease. Lessee agrees that any collection directly by Lessor from the assignee or sublessee is not intended to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.Landlord shall

Appears in 1 contract

Samples: Lease Agreement (Thermoview Industries Inc)

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor at least thirty (30) days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen days after Lessor’s 's receipt of Lessee’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eithershall have the following options: (i1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration consideration, less any reasonable expenses incurred in obtaining the assignment or sublease, within ten days following receipt thereof by Lessee; or (ii3) refuse refuse, in its sole discretion and judgment, to consent to the proposed assignment or sublease, which refusal is deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Agreement (Channelpoint Inc)

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premisesleased premises, it must shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen days after Lessor’s 's receipt of Lessee’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eithershall have the following options: (i1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee; or (ii3) refuse refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As See Item #3 of Exhibit "B" attached hereto and made a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereofpart hereof.

Appears in 1 contract

Samples: Sublease Agreement (Interactive Entertainment LTD)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; or (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) ), net of commissions, attorneys' fees, expenses of alteration and other transaction expenses, exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord one-half of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee; or (ii) refuse to consent to the proposed assignment or sublease, which refusal is deemed to have been exercised unless Lessor gives Lessee written notice providing otherwiseTenant. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, option collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Sublease Agreement (Trizetto Group Inc)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen seven (7) business days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor all Landlord one-half (1/2) of such excess rent and other excess consideration within ten (10) days following receipt thereof by LesseeTenant; or (ii2) refuse refuse, subject to the limitations set forth in Section 9.2 above, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Landlord shall, upon Tenant's request, provide the reasons for any refusal. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation notation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Terms (Fair Isaac & Company Inc)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen The sole condition of Landlord's consent to an assignment or sublet shall be that the proposed assignee or subtenant have a financial condition equal to or better than Tenant's financial condition as of the execution of this Lease. Fifteen (15) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten (10) days following receipt thereof by LesseeTenant; or (ii2) refuse refuse, in its reasonable judgment, to consent to the proposed assignment or sublease, which refusal is deemed reasons shall be provided in writing to have been exercised unless Lessor gives Lessee Tenant, together with written notice providing otherwiseof Landlord's refusal pursuant to this Section 9.3. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease. Lessee agrees that any collection Any collections directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Agreement (Research Inc /Mn/)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premisesleased premises, it must shall so notify Lessor Landlord at least thirty days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee subtenant or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee subtenant or assignee. Within fifteen days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee subtenant or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee subtenant under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten days following receipt thereof by LesseeTenant; or (ii2) refuse refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee subtenant all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the leased premises to secure payment of such sums. Lessee agrees that any collection Any collection, directly by Lessor Landlord from the assignee or sublessee is subtenant, shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s the review of any assignment or sublease, Lessee must Tenant shall deliver to Lessor Landlord or Landlord's manager, as the case may be, a non-refundable fee of $500.00 to defer Lessor’s defray the administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, expenses incurred by Lessor Landlord or its manager in connection with the review by Lessor of Lessee’s Tenant's requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are shall be the responsibility of Lessee Tenant and must shall be paid by Lessee Tenant within five (5) days of demand for payment thereof. The non-refundable fee and legal expenses incurred as described herein will be due and payable regardless of whether or not Landlord approves the assignment or sublease as requested by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Back Yard Burgers Inc)

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premisesleased premises, it must shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen days after Lessor’s 's receipt of Lessee’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eithershall have the following options: (i1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee; or (ii3) refuse refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s 's review of any assignment or sublease, Lessee must shall deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s 's administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, expenses incurred by Lessor in connection with the review by Lessor of Lessee’s 's requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are shall be the responsibility of Lessee and must shall be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Terms (Techdyne Inc)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty seven (7) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen three (3) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee subleases or assignee, Lessor may, Landlord shall notify Tenant in its sole and absolute discretion, either: (i) consent writing whether it consents to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee . Refusal shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee; or (ii) refuse to consent to the proposed assignment or sublease, which refusal is be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, with any sums collected to be applied to the rent then or next due hereunder. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Stratasys Inc

Conditions of Assignment. If Lessee desires Tenant desires, to assign or sublet ------------------------ all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided. At the time Tenant submits such a request, howeverTenant shall pay to Landlord, Lessee is permitted to sublet Landlord's then standard processing fee and shall reimburse Landlord for all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., legal fees incurred in connection with which it has a working relationship, without the prior written consent of LessorTenant's request. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee subtenant or assignee. Within fifteen days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee subtenant or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) cancel this Agreement as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease Agreement for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten (10) days following receipt thereof by LesseeTenant; or (ii3) subject to the provisions of Section 9.02, refuse to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon In the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, Landlord may, at its option, collect directly from the assignee or sublessee subtenant all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is subtenant shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this LeaseAgreement. As a condition No assignment of this Agreement consented to Lessor’s review of any assignment or subleaseby Landlord shall be effective until Landlord shall receive an original assumption agreement, Lessee must deliver in form and substance satisfactory to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In additionLandlord, all legal fees signed by Tenant and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereofTenant's assignee.

Appears in 1 contract

Samples: Letter Agreement (Argosy Education Group Inc)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or of sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, condition reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or of sublease and all required information concerning the proposed sublessee sublease or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) consent to the proposed assignment or of sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, and if the rent due and payable by any assignee or sublessee under any such permitted assignment or of sublease (or a combination of the rent payable under such assignment or of sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee; Tenant: or (ii2) refuse refuse, with reasonable judgement, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Digital River Inc /De

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee sub lessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee sub lessee or assignee. Within fifteen days after Lessor’s 's receipt of Lessee’s 's proposed assignment or sublease and all required information concerning the proposed sublessee sub lessee or assignee, Lessor may, in its sole and absolute discretion, either: (i1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee sub lessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee, provided, such consent may be conditioned upon payment to Lessor of a commission upon such assignment or sublease equal to the greater of two percent (2%) of the gross rents due during the term of the sublease or remaining term of this Lease-in the case of an assignment, in either event not to exceed five years, or one-half of any commission paid to any third party broker; or (ii3) refuse to consent to the proposed assignment or sublease, which refusal is deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee sub lessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor will be entitled to a security interest in all properties on the Leased Premises to secure payment of such sums. Lessee agrees that any collection directly by Lessor from the assignee or sublessee sub lessee is not intended to constitute a novation notation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s 's review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s 's administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, expenses incurred by Lessor in connection with the review by Lessor of Lessee’s 's requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Commercial Lease (American Caresouce Holdings, Inc.)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make Landlord tomake informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen thirty (30) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i( 1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten (10) days following receipt thereof by LesseeTenant; or (ii2) refuse refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the this assignment or sublease. Lessee agrees that any , and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums.. Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations obligation under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: DJO Finance LLC

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premisesleased premises, it must shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments judgements as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen days after Lessor’s 's receipt of Lessee’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eithershall have the following options: (i1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, . Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee; or (ii3) refuse refuse, in its reasonable [interlineated text] discretion and judgment, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Lessee agrees that any Any collection directly directly, by Lessor from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Agreement (Microtune Inc)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) cancel this Lease as to the Premises or portion thereof proposed to be assign or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee after recovering all direct and indirect costs associated with such assignment or Sublease, Tenant shall pay to Lessor Landlord 50% of all such excess rent and other excess consideration within ten (10) days following receipt thereof by LesseeTenant; or (ii3) refuse refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Basic Lease Terms (Insignia Systems Inc/Mn)

Conditions of Assignment. If Except with respect to a Permitted Transfer, if Lessee desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premisesleased premises, it must shall so notify Lessor at least thirty (30) days in advance of the date on which Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Lessor’s receipt of Lessee’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Lessor may, in its sole and absolute discretion, eithershall have the following options: (i1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee; or (ii2) refuse to consent to the proposed assignment or sublease, which refusal is to consent shall not be made unreasonably and shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwiseotherwise within said fifteen (15) day period. Upon the occurrence of an event of defaultdefault (after passage of all applicable notice and cure periods), if all or any part of the Leased Premises leased premises are then assigned or sublet, Lessor, in addition to any other remedies provided by this Lease or provided by any law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease. Lessee agrees that any Any collection directly by Lessor from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Radiant Lease Agreement (Radiant Systems Inc)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises or grant any license, concession or other right of occupancy of any portion of the Leased Premises, it must shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Lessee must Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might reasonably request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Lessor’s Landlord's receipt of Lessee’s Tenant's proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, Lessor may, in its sole and absolute discretion, eitherLandlord shall have the following options: (i1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten (10) days following receipt thereof by LesseeTenant; or (ii3) refuse to consent to the proposed assignment or sublease, which refusal is shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease. Lessee agrees that any Any collection directly by Lessor Landlord from the assignee or sublessee is shall not intended be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Terms (Bio Vascular Inc)

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