AG 2009 03 16 - Laserfiche WebLink

Home Browse Search

of written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority takes title or possession). If neither Landlord nor Tenant terminates this Lease, this Lease shall remain in effect as to the portion of the Premises not taken, except that the Additional Rent shall be reduced in proportion to the reduction in the floor area of the building which is part of the Premises. If this Lease is not terminated, Landlord shall repair the damage to the Premises caused by the Condemnation, except that Landlord shall not be obligated to repair any damage which Tenant has been reimbursed by the condemning authority. If the severance damages received by Landlord are not sufficient to pay for such repair, Landlord shall have the right to either terminate this Lease or make such repair at Landlord's expense. ARTICLE 10 ASSIGNMENT AND SUBLETTING 10.1 Assignment and Sublettins?. The Tenant shall not assign this Lease to another party except upon receipt of Landlord's prior written consent which will not be unreasonably withheld based on reasoned judgment of uses being consistent with the Intended Use. The Tenant shall not sublet all or any part of the Premises to third parties except upon receipt of Landlord's prior written consent. In the event that Tenant, with the consent of Landlord (or its successors or assigns), shall assign this Lease, Tenant prior to such assignment and concurrently with Tenant's request for Landlord's consent to the same shall provide to Landlord the name and address of the proposed assignee, together with such other information as Landlord may reasonably require, including without limitation financial statements of the proposed assignee or subtenant. In the event that Tenant shall sublease all or any portion of the Premises, Tenant shall provide to Landlord the name and address of the proposed subtenant, together with such other information as Landlord may reasonably require. In the event of assignment by Tenant, Tenant shall nevertheless remain fully liable under all of the terms, covenants and conditions of this Lease. If this Lease shall be assigned, or if the Premises or any part thereof shall be subleased or occupied by any person other than Tenant, Landlord may collect from the assigned, subtenant or occupant any rent or other charges payable by Tenant under this Lease, and apply the amount collected to the rent and other charges herein reserved, but such collection by Landlord shall not be deemed a release of Tenant from the performance by Tenant under this Lease. No sublet or consent by Landlord to any assignment shall include consent to the assignment or transferring of any special privileges or extra services granted to Tenant by this Lease, or any addendum or amendment hereto or letter of agreement. Any sale, assignment, mortgage or other transfer of the Lease or subletting which does not comply with the provisions of this ARTICLE 10 shall be void and a material breach of this Lease. Landlord may, at its option, collect directly from any assignee or subtenant all rents due and becoming due to Tenant under any assignment or sublease whether or not in violation of the provisions of this Lease, and apply such rent against rent due to Landlord from Tenant hereunder. No such collection shall be construed to constitute a novation or release of Tenant from the further performance of any or all of Tenant's obligations hereunder, an acceptance of the assignee of subtenant as Tenant hereunder, an acceptance of the assignee of subtenant as Tenant or a waiver of any of the provisions of this ARTICLE 10. No sublet or consent by Landlord to any assignment shall be construed to permit any other or future sublet or assignment. Any sublease shall be expressly subject and subordinate to all of the covenants, agreements, terms, provisions and conditions contained in this Lease. No sale or other transfer of any of the outstanding shares of stock in Tenant shall constitute an assignment of this Lease. No assignment of this Lease shall be valid or binding on Landlord unless and until the assignee executes an agreement in form and substance satisfactory to Landlord, and expressly enforceable by Landlord, whereby the assignee assumes and agrees to be bound by all of the provisions of this Lease and to perform all of the obligations of Tenant hereunder. 12 F-6 i i~ L C ri ii 0 i n ~` i~ ~;i ~' r:. ii n L' Attachment number 1 Page 189 of 286