TO A RECOGNIZED MORTGAGEE PURSUANT TO A
FORECLOSURE OF THE APPLICABLE RECOGNIZED MORTGAGE) AND (II) SUBJECT TO
ARTICLE XXXI HEREOF, ASSUMING THE OBLIGATIONS OF TENANT HEREUNDER BY SAID
ASSIGNEE OR PURCHASER TO SUCH EFFECT, BUT THE FAILURE OR REFUSAL OF SUCH
ASSIGNEE OR PURCHASER TO DELIVER SUCH INSTRUMENT SHALL NOT RELEASE OR DISCHARGE
SUCH ASSIGNEE OR PURCHASER FROM ITS OBLIGATIONS AS ABOVE SET FORTH.
(B)
RELEASE OF ASSIGNOR.
UPON AN ASSIGNMENT OF THIS LEASE IN ACCORDANCE
WITH THIS ARTICLE XIII, THE ASSIGNOR SHALL HAVE NO FURTHER OBLIGATIONS ARISING
AFTER THE EFFECTIVE DATE OF SUCH ASSIGNMENT AND LANDLORD SHALL CONFIRM SUCH
RELEASE IN A RECORDABLE INSTRUMENT PROMPTLY DELIVERED TO TENANT (BUT THE FAILURE
OF LANDLORD TO DELIVER SUCH CONFIRMATION SHALL NOT PREVENT SUCH RELEASE FROM
BECOMING EFFECTIVE); PROVIDED, HOWEVER, THE FOREGOING RELEASE SHALL NOT RELIEVE
ASSIGNOR FROM ANY OBLIGATION ACCRUING PRIOR TO THE DATE OF SUCH ASSIGNMENT.
SECTION 13.4
COLLECT CHARGES FROM ASSIGNEE,
SUBTENANT.
IF THIS LEASE IS ASSIGNED, WHETHER OR NOT IN VIOLATION OF THE
PROVISIONS OF THIS LEASE, LANDLORD MAY AND IS HEREBY EMPOWERED, SUBJECT TO THE
RIGHTS OF ANY RECOGNIZED MORTGAGEE, TO COLLECT THE CHARGES AND OTHER SUMS
PAYABLE TO LANDLORD HEREUNDER FROM THE ASSIGNEE AND TO ENFORCE THE OBLIGATIONS
OF TENANT HEREUNDER AGAINST SUCH ASSIGNEE.
IF THE DEMISED PREMISES OR ANY PART
THEREOF IS SUBLET OR IS USED BY ANYONE OTHER THAN TENANT, WHETHER OR NOT IN
VIOLATION OF THIS LEASE, LANDLORD MAY, AFTER AN EVENT OF DEFAULT BY TENANT AND
EXPIRATION OF TENANT'S TIME TO CURE SUCH EVENT OF DEFAULT, IF ANY, COLLECT RENT
FROM THE SUBTENANT OR OCCUPANT.
IN EITHER EVENT, LANDLORD MAY APPLY THE NET
AMOUNT COLLECTED TO THE CHARGES AND OTHER SUMS HEREIN RESERVED OR PROVIDED FOR,
BUT NO SUCH ASSIGNMENT OR SUBLETTING OR COLLECTION NOR ANY ACTION TO ENFORCE THE
PROVISIONS OF THIS LEASE AGAINST ANY SUCH ASSIGNEE OR SUBTENANT SHALL BE DEEMED:
(A) A WAIVER OF THE COVENANT HEREIN AGAINST TRANSFER; (B)
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AN ACCEPTANCE OF THE ASSIGNEE OR SUBTENANT AS A TENANT UNDER THIS LEASE; OR
(C) A RELEASE OF TENANT FROM THE FURTHER PERFORMANCE OF ITS OBLIGATIONS
HEREUNDER.
SECTION 13.5
NO RELIEF.
NOTWITHSTANDING ANY
PROVISION TO THE CONTRARY IN THIS LEASE AND EXCEPT AS SET FORTH IN
SECTION 13.3(B) HEREOF, THE MAKING OF ANY TRANSFER, IN WHOLE OR IN PART, WHETHER
OR NOT WITH THE CONSENT OF LANDLORD, SHALL NOT OPERATE TO RELIEVE TENANT HEREIN
NAMED FROM ITS OBLIGATIONS UNDER THIS LEASE.
IN THE EVENT OF ANY SUCH PERMITTED
TRANSFER, EXCEPT AS PROVIDED IN SECTION 13.3(B) HEREOF, TENANT HEREIN NAMED
SHALL REMAIN FULLY RESPONSIBLE AND LIABLE FOR THE PROMPT PAYMENT OF ALL CHARGES
AND OTHER SUMS DUE HEREUNDER AND FOR THE DUE PERFORMANCE AND OBSERVANCE OF ALL
OF TENANT'S OBLIGATIONS UNDER THIS LEASE, TO THE FULL END OF THIS LEASE, WHETHER
OR NOT THERE SHALL HAVE BEEN ANY PRIOR TERMINATION OF THIS LEASE BY SUMMARY
PROCEEDINGS OR OTHERWISE.
EACH PERMITTED SUBLEASE SHALL EXPRESSLY BE MADE
SUBJECT TO THE PROVISIONS OF THIS LEASE AND NO PERMITTED TRANSFER SHALL IN