Common use of Subletting and Assignment Clause in Contracts

Subletting and Assignment. In addition to the provisions of Article 18 and Sections 21.2, 21.3 and any other express consents, conditions, limitations or other provisions set forth herein and in the Lease Master Agreement, Lessee shall not assign this Lease or hereafter sublease all or any part of the Leased Property without first obtaining the written consent of Lessor. In the case of a permitted subletting, the sublessee shall comply with the provisions of Section 21.2 and 21.3, and in the case of a permitted assignment, the assignee shall assume in writing and agree to keep and perform all of the terms of this Lease on the part of Lessee to be kept and performed and shall be, and become, jointly and severally liable with Lessee for the performance thereof. In case of either an assignment or subletting made during the Term, Lessee shall remain primarily liable, as principal rather than as surety, for the prompt payment of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Lessee hereunder. An original counterpart of each such sublease and assignment and assumption, duly executed by Lessee and such sublessee or assignee, as the case may be, in form and substance satisfactory to Lessor, shall be delivered promptly to Lessor.

Subletting and Assignment. In addition to Lessee may not assign, sublease or sublet, encumber, appropriate, pledge or otherwise transfer, the provisions of Article 18 and Sections 21.2, 21.3 and any other express consents, conditions, limitations Lease or the leasehold or other provisions set forth herein and interest in the Lease Master Agreement, Lessee shall not assign this Lease or hereafter sublease all or any part of the Leased Property without first obtaining the written Lessor's consent, which consent of shall not be unreasonably withheld. Upon Lessor. In 's consent, (a) in the case of a permitted subletting, the sublessee shall comply with the provisions of Section 21.2 and 21.3SECTION 22.2, and (b) in the case of a permitted an assignment, the assignee shall assume in writing and agree to keep and perform all of the terms of this Lease on the part of Lessee to be kept and performed and shall be, and become, jointly and severally liable with Lessee for the performance thereof. In , (c) an original counterpart of each such sublease and assignment and assumption, duly executed by Lessee and such sublessee or assignee, as the case may be, in a form and substance satisfactory to Lessor, shall be delivered promptly to Lessor, and (d) in case of either an assignment or subletting made during the Termsubletting, Lessee shall remain primarily liable, as principal rather than as surety, for the prompt payment of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Lessee hereunder. An original counterpart of each such sublease and assignment and assumptionNothing hereunder shall preclude Lessor from selling the Leased Property or assigning or transferring its interest hereunder, duly executed by Lessee and such sublessee provided the new owner or assignee, as the case may be, in form and substance satisfactory to assignee expressly assumes Lessor, shall be delivered promptly to Lessor's obligations under this Lease.

Subletting and Assignment. In addition to Lessee may not assign, sublease or sublet, encumber, appropriate, pledge or otherwise transfer, the provisions of Article 18 and Sections 21.2, 21.3 and any other express consents, conditions, limitations Lease or the leasehold or other provisions set forth herein and interest in the Lease Master Agreement, Lessee shall not assign this Lease or hereafter sublease all or any part of the Leased Property without first obtaining the written Lessor's consent, which consent of shall not be unreasonably withheld. Upon Lessor. In 's consent, (a) in the case of a permitted subletting, the sublessee shall comply with the provisions of Section 21.2 and 21.322.2, and (b) in the case of a permitted an assignment, the assignee shall assume in writing and agree to keep and perform all of the terms of this Lease on the part of Lessee to be kept and performed and shall be, and become, jointly and severally liable with Lessee for the performance thereof. In , (c) an original counterpart of each such sublease and assignment and assumption, duly executed by Lessee and such sublessee or assignee, as the case may be, in a form and substance satisfactory to Lessor, shall be delivered promptly to Lessor, and (d) in case of either an assignment or subletting made during the Termsubletting, Lessee shall remain primarily liable, as principal rather than as surety, for the prompt payment of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Lessee hereunder. An original counterpart of each such sublease and assignment and assumptionNothing hereunder shall preclude Lessor from selling the Leased Property or assigning or transferring its interest hereunder, duly executed by Lessee and such sublessee provided the new owner or assignee, as the case may be, in form and substance satisfactory to assignee expressly assumes Lessor, shall be delivered promptly to Lessor's obligations under this Lease.

Subletting and Assignment. In addition Subject to the provisions of Article 18 XIX and Sections 21.2, 21.3 Section 23.2 and any other express consents, conditions, conditions or limitations or other provisions set forth herein and in the Lease Master Agreementherein, Lessee shall may not without the consent of Lessor, which consent may be withheld in Lessor's sole discretion, (a) assign this Lease or hereafter sublease sublet all or any part of the Leased Property without first obtaining or (b) sublet any retail or restaurant portion of the written consent Leased Improvements in the normal course of Lessorthe Primary Intended Use; provided that any subletting to any party other than an Affiliate of Lessee shall not individually as to any one such subletting, or in the aggregate, materially diminish the Rent payable under this Lease. In the case of a permitted subletting, the sublessee shall comply with the provisions of Section 21.2 and 21.323.2, and in the case of a permitted an assignment, the assignee shall assume in writing and agree to keep and perform all of the terms of this Lease on the part of Lessee to be kept and performed and shall be, and become, jointly and severally liable with Lessee for the performance thereof. In case of either an assignment or subletting made during the Term, Lessee shall remain primarily liable, as principal rather than as surety, for the prompt payment of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Lessee hereunder. An original counterpart of each such sublease and assignment and assumption, duly executed by Lessee and such sublessee or assignee, as the case may be, in form and substance satisfactory to Lessor, shall be delivered promptly to Lessor.

Subletting and Assignment. In addition (a) Subject to the provisions of Article 18 XVIII and Sections ------------- -------- 21.2, 21.3 and any other express consents, conditions, limitations or other ---------- provisions set forth herein and in the Lease Master Agreementherein, Lessee shall not assign this Lease or hereafter sublease all or any part of the Leased Property without first obtaining the written consent of Lessor. In the case of a permitted subletting, the sublessee shall comply with the provisions of Section Sections 18.2, 18.3, 18.4, 18.5, 21.2 and ------------------------------------- 21.3, and in the case of a permitted assignment, the assignee shall assume in ---- writing and agree to keep and perform all of the terms of this Lease on the part of Lessee to be kept and performed and shall be, and become, jointly and severally liable with Lessee for the performance thereof. In case of either an assignment or subletting made during the Term, Lessee shall remain primarily liable, as principal rather than as surety, for the prompt payment of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Lessee hereunder. An original counterpart of each such sublease and assignment and assumption, duly executed by Lessee and such sublessee or assignee, as the case may be, in form and substance satisfactory to Lessor, shall be delivered promptly to Lessor.

Subletting and Assignment. In addition (a) Except as provided for in the Loan Documents, subject to the provisions of this Article 18 and Sections 21.216, 21.3 and any other express consentsTenant may not without the consent of Landlord, conditionswhich consent may be withheld in Landlord’s sole discretion, limitations or other provisions set forth herein and in the Lease Master Agreement, Lessee shall not assign this Lease or hereafter sublease sublet all or any part of the Leased Property without first obtaining the written consent of LessorProperty. In the case of a permitted subletting, the sublessee shall comply with the provisions of Section 21.2 and 21.316(b), and in the case of a permitted an assignment, the assignee shall assume in writing and agree to keep and perform all of the terms of this Lease on the part of Lessee Tenant to be kept and performed and shall be, and become, jointly and severally liable with Lessee Tenant for the performance thereof. In case of either an assignment or subletting made during the Term, Lessee Tenant shall remain primarily liable, as principal rather than as surety, for the prompt payment of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Lessee Tenant hereunder. An original counterpart of each such sublease and assignment and assumption, duly executed by Lessee Tenant and such sublessee or assignee, as the case may be, in form and substance satisfactory to LessorLandlord, shall be delivered promptly to LessorLandlord.

Subletting and Assignment. In addition Subject to the provisions of Article 18 XIX and Sections 21.2, 21.3 Section 23.2 and any other express consents, conditions, conditions or limitations or other provisions set forth herein and in the Lease Master Agreementherein, Lessee may, but only with the prior written consent of Lessor which consent shall not be unreasonably withheld, (a) assign this Lease or hereafter sublease sublet all or any part of the Leased Property without first obtaining to an Affiliate of Lessee, or (b) sublet any retail or restaurant portion of the written consent Improvements in the normal course of Lessorthe Primary Intended Use; provided that any subletting to any party other than an Affiliate of Lessee shall not individually as to any one such subletting, or in the aggregate, materially diminish the actual or potential Percentage Rent payable under this Lease. In the case of a permitted subletting, the sublessee shall comply with the provisions of Section 21.2 and 21.323.2, and in the case of a permitted an assignment, the assignee shall assume in writing and agree to keep and perform all of the terms of this Lease on the part of Lessee to be kept and performed and shall be, and become, jointly and severally liable with Lessee for the performance thereof. In case of either an assignment or subletting made during the Term, Lessee shall remain primarily liable, as principal rather than as surety, for the prompt payment of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Lessee hereunder. An original counterpart of each such sublease and assignment and assumption, duly executed by Lessee and such sublessee or assignee, as the case may be, in form and substance satisfactory to Lessor, shall be delivered promptly to Lessor.

Subletting and Assignment. In addition to Lessee may not assign, sublease or sublet, encumber, appropriate, pledge or otherwise transfer, the provisions of Article 18 and Sections 21.2, 21.3 and any other express consents, conditions, limitations Lease or the leasehold or other provisions set forth herein and interest in the Lease Master Agreement, Lessee shall not assign this Lease or hereafter sublease all or any part of the Leased Property without first obtaining the prior written consent of Lessor, which consent may be given or withheld in Lessor's sole discretion. In Upon Lessor's consent, (a) in the case of a permitted any subletting, the sublessee shall comply with the provisions of Section 21.2 and 21.3Paragraph 22.2, and (b) in the case of a permitted any assignment, the any such assignee shall assume in writing and agree to keep and perform all of the terms of this Lease on the part of Lessee to be kept and performed and shall be, and become, jointly and severally liable with Lessee for the performance thereof. In the case of either an assignment or subletting made during a subletting, (i) an original counterpart of each sublease and assignment and assumption, duly executed by Lessee and such sublessee or assignee, as the Termcase may be, in form and substance satisfactory to Lessor, shall be delivered promptly to Lessor, and (ii) Lessee shall remain primarily liable, as principal rather than as surety, for the prompt payment of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Lessee hereunder. An original counterpart of each such sublease and assignment and assumption, duly executed by Lessee and such sublessee or assignee, as the case may be, in form and substance satisfactory to Lessor, shall be delivered promptly to Lessor.

Subletting and Assignment. In addition Subject to the rights of the Sublessee under the Sublease and the provisions of Article 18 and Sections 21.2, 21.3 Section 23.3 below and any other express consents, conditions, conditions or limitations or other provisions set forth herein and in the Lease Master Agreementherein, Lessee shall not assign this Lease or hereafter sublease may, without the consent of Lessor, sublet all or any part of the Leased Property without first obtaining consistently with the written Primary Intended Use. Lessor shall not unreasonably withhold its consent of Lessor. In to any other or further subletting or assignment; provided that (a) in the case of a permitted subletting, the sublessee shall comply with the provisions of Section 21.2 and 21.323.2, and (b) in the case of a permitted an assignment, the assignee shall assume in writing and agree to keep and perform all of the terms of this Lease on the part of Lessee to be kept and performed and shall be, be and become, become jointly and severally liable with Lessee for the performance thereof. In , (c) an original counterpart of each such sublease and assignment and assumption, duly executed by Lxxxxx and such sublessee or assignee, as the case may be, in form and substance reasonably satisfactory to Lessor, shall be delivered promptly to Lessor, and (d) in case of either an assignment or subletting made during the Termsubletting, Lessee shall remain primarily liable, as principal rather than as surety, for the prompt payment of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Lessee hereunder. An original counterpart of each such sublease and assignment and assumption, duly executed by Lessee and such sublessee or assignee, as the case may be, in form and substance satisfactory to Lessor, shall be delivered promptly to Lessor.

Subletting and Assignment. In addition to the provisions of Article 18 and Sections 21.2, 21.3 and any other express consents, conditions, 62 69 limitations or other provisions set forth herein and in the Lease Master Agreement, Lessee shall not assign this Lease or hereafter sublease all or any part of the Leased Property without first obtaining the written consent of Lessor. In the case of a permitted subletting, the sublessee shall comply with the provisions of Section 21.2 and 21.3, and in the case of a permitted assignment, the assignee shall assume in writing and agree to keep and perform all of the terms of this Lease on the part of Lessee to be kept and performed and shall be, and become, jointly and severally liable with Lessee for the performance thereof. In case of either an assignment or subletting made during the Term, Lessee shall remain primarily liable, as principal rather than as surety, for the prompt payment of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Lessee hereunder. An original counterpart of each such sublease and assignment and assumption, duly executed by Lessee and such sublessee or assignee, as the case may be, in form and substance satisfactory to Lessor, shall be delivered promptly to Lessor.

Subletting and Assignment. In addition Subject to the provisions of Article 18 ------------------------- ------- XIX and Sections 21.2, 21.3 Section 23.2 and any other express consents, conditions, conditions or limitations or other provisions set forth herein and in the Lease Master Agreement--- ------------ herein, Lessee shall may not without the consent of Lessor, which consent may be withheld in Lessor's sole discretion, (a) assign this Lease or hereafter sublease sublet all or any part of the Leased Property without first obtaining or (b) sublet any retail or restaurant portion of the written consent Leased Improvements in the normal course of Lessorthe Primary Intended Use; provided that any subletting to any party other than an Affiliate of Lessee shall not individually as to any one such subletting, or in the aggregate, materially diminish the Rent payable under this Lease. In the case of a permitted subletting, the sublessee shall comply with the provisions of Section 21.2 and 21.323.2, and ------------ in the case of a permitted an assignment, the assignee shall assume in writing and agree to keep and perform all of the terms of this Lease on the part of Lessee to be kept and performed and shall be, and become, jointly and severally liable with Lessee for the performance thereof. In case of either an assignment or subletting made during the Term, Lessee shall remain primarily liable, as principal rather than as surety, for the prompt payment of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Lessee hereunder. An original counterpart of each such sublease and assignment and assumption, duly executed by Lessee and such sublessee or assignee, as the case may be, in form and substance satisfactory to Lessor, shall be delivered promptly to Lessor.Lessee

Subletting and Assignment. In addition Tenant may, without the consent of but with notice to the provisions of Article 18 and Sections 21.2Landlord, 21.3 and any other express consents, conditions, limitations or other provisions set forth herein and in the Lease Master Agreement, Lessee shall not (a) assign this Lease or hereafter sublease sublet all or any part of the Leased Property without first obtaining to any Affiliate of Tenant or to any purchaser of all or substantially all of the written assets of Tenant's drives division, or (b) sublet not more than twenty-five percent (25%) of the Building in the normal course of the Primary Intended Use. Any further assignment or subletting shall require Landlord's consent. Landlord shall not unreasonably withhold its consent of Lessorto any other or further subletting or assignment. In the case all cases of a permitted assignment or subletting, (a) the sublessee shall comply with the provisions of Section 21.2 and 21.319.2, and in the case of a permitted assignment, (b) the assignee shall assume in writing and agree to keep and perform all of the terms of this Lease on the part of Lessee Tenant to be kept and performed and shall be, be and become, become jointly and severally liable with Lessee Tenant for the performance thereof. In case of either , (c) an assignment or subletting made during the Term, Lessee shall remain primarily liable, as principal rather than as surety, for the prompt payment of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Lessee hereunder. An original counterpart of each such sublease and assignment and assumption, duly executed by Lessee Tenant and such sublessee or assignee, as the case may be, in form and substance satisfactory to LessorLandlord, shall be delivered promptly to LessorLandlord prior to the effective date of such assignment or subletting.

Subletting and Assignment. In addition Subject to the provisions of Article 18 XIX and Sections 21.2, 21.3 22.2 and 22.3 and any other express consents, conditions, conditions or limitations or other provisions set forth herein and in the Lease Master Agreementherein, Lessee may, but only with the consent of Lessor (which shall not be unreasonably withheld or delayed), (a) transfer, sell, convey, or assign this Lease or hereafter sublease sublet all or any part of the Leased Property without first obtaining Property, or (b) sublet any retail or restaurant portion of the written consent Leased Improvements in the normal course of Lessorthe Primary Intended Use; provided that any subletting to any party other than an Affiliate of Lessee shall not individually as to any one such subletting, or in the aggregate, materially diminish the actual or potential Percentage Rent payable under this Lease. In the case of a permitted subletting, the sublessee shall comply with the provisions of Section 21.2 Sections 22.2 and 21.322.3, and in the case of a permitted an assignment, the assignee shall assume in writing and agree to keep and perform all of the terms of this Lease on the part of Lessee to be kept and performed and shall be, and become, jointly and severally liable with Lessee for the performance thereof. In case of either an assignment or subletting made during the Term, Lessee shall remain primarily liable, as principal rather than as surety, liable for the prompt payment of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Lessee hereunder. An original counterpart of each such sublease and assignment and assumption, duly executed by Lessee and such sublessee or assignee, as the case may be, in form and substance satisfactory to Lessor, shall be delivered promptly to Lessor.

Subletting and Assignment. In addition to the provisions of Article 18 and Sections 21.2, 21.3 and any other express consents, conditions, limitations or other provisions set forth herein and in the Lease Master Agreementherein, Lessee shall not assign this Lease or hereafter sublease all or any part of the Leased Property without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed. In the case of a permitted subletting, the sublessee shall comply with the provisions of Section 21.2 and 21.3, and in the case of a permitted assignment, the assignee shall assume in writing and agree to keep and perform all of the terms of this Lease on the part of Lessee to be kept and performed and shall be, and become, jointly and severally liable with Lessee for the performance thereof. In case of either an assignment or subletting made during the Term, Lessee shall remain primarily liable, as principal rather than as surety, for be released from all liability and obligation under this Lease at the prompt payment time of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Lessee hereunderassignment or subletting. An original counterpart of each such sublease and assignment and assumption, duly executed by Lessee and such sublessee or assignee, as the case may be, in form and substance satisfactory to Lessor, shall be delivered promptly to Lessor.