OR ASSIGNED, WHICH GIVE A PER ANNUM RENTAL AMOUNT, WHICH AMOUNT
SHALL BE MULTIPLIED BY THE NUMBER OF LEASE YEARS OF THE SUBLEASE OR ASSIGNMENT,
PRO RATA FOR ANY PARTIAL YEAR.
SAID AMOUNT SHALL BE DUE AND PAYABLE UPON DEMAND
FROM LANDLORD AND SHALL BE IN ADDITION TO AND NOT IN LIMITATION OF ANY OTHER
RIGHTS OR OTHER REMEDIES OF LANDLORD UNDER THIS LEASE FOR DEFAULT.
(J)
INTENTIONALLY OMITTED.
(K)
IN NO EVENT MAY TENANT ASSIGN THIS LEASE OR SUBLET ALL OR ANY
PORTION OF THE PREMISES NOR IS ANY PROPOSED ASSIGNMENT OR SUBLEASE EFFECTIVE IF
THERE EXISTS AT THE TIME OF THE PROPOSED ASSIGNMENT OR SUBLEASE AN EVENT OF
DEFAULT UNDER THE LEASE (AS DEFINED IN SECTION 23 HEREOF) OR TENANT HAS FAILED
TO PAY RENT WHEN DUE.
(L)
ALL PUBLIC ADVERTISEMENTS OF THE ASSIGNMENT OF THE LEASE OR
SUBLET OF PREMISES, OR ANY PORTION THEREOF, SHALL BE SUBJECT TO THE PRIOR
WRITTEN APPROVAL OF LANDLORD, WHICH SHALL NOT BE UNREASONABLY WITHHELD.
SAID
PUBLIC ADVERTISEMENTS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE PLACEMENT OR
DISPLAY OF ANY SIGNS OR LETTERING ON THE EXTERIOR OF THE PREMISES, OR ON THE
GLASS OR ANY WINDOW OR DOOR OF THE PREMISES, OR IN THE INTERIOR OF THE PREMISES
IF IT IS VISIBLE FROM THE EXTERIOR.
(M)
EXCEPT FOR A PERMITTED TRANSFER (HEREINAFTER DEFINED) OR A TRANSFER
TO WHICH LANDLORD HAS CONSENTED PURSUANT TO THE PROVISIONS HEREOF WHICH CREATES
A RELATIONSHIP DIRECTLY BETWEEN LANDLORD AND SUCH TRANSFEREE, THE LISTING OF ANY
NAME OTHER THAN THAT OF TENANT, WHETHER
14
ON THE DOORS OF THE PREMISES OR THE BUILDING DIRECTORY OR OTHERWISE, OR THE
ACCEPTANCE OF PAYMENT FOR RENT OR OTHER CHARGES FROM ANY PERSON OR ENTITY OTHER
THAN TENANT, SHALL NOT OPERATE TO VEST ANY RIGHT OR INTEREST IN THIS LEASE OR IN
THE PREMISES, NOR SHALL IT BE DEEMED TO BE THE CONSENT OF LANDLORD TO ANY
ASSIGNMENT OR TRANSFER OF THIS LEASE OR TO ANY SUBLEASE OF THE PREMISES OR TO
THE USE OR OCCUPANCY THEREOF BY OTHERS.
(N)
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARTICLE 17,
TENANT SHALL HAVE THE RIGHT, UPON TEN (10) BUSINESS DAYS' PRIOR WRITTEN NOTICE
TO LANDLORD, TO (I) SUBLET ALL OR PART OF THE PREMISES OR OTHERWISE SHARE THE
PREMISES WITH ANY AFFILIATE (HEREINAFTER DEFINED); OR (II) ASSIGN THIS LEASE TO
AN AFFILIATE OR A SUCCESSOR CORPORATION OR OTHER SUCCESSOR ENTITY EITHER INTO
WHICH OR WITH WHICH TENANT IS MERGED OR CONSOLIDATED OR WHICH ACQUIRED
SUBSTANTIALLY ALL OF TENANT'S ASSETS AND PROPERTY; PROVIDED THAT (A) IN THE CASE
OF A SUCCESSOR CORPORATION OR OTHER SUCCESSOR ENTITY OR A CONVERTED ENTITY UNDER
SECTION 17(C)(III), (IV) OR (V), SUCH SUCCESSOR CORPORATION, OTHER SUCCESSOR
ENTITY OR CONVERTED ENTITY ASSUMES SUBSTANTIALLY ALL OF THE OBLIGATIONS AND
LIABILITIES OF TENANT AND SHALL HAVE ASSETS, CAPITALIZATION AND NET WORTH AT
LEAST EQUAL TO THE ASSETS, CAPITALIZATION AND NET WORTH OF TENANT AS OF THE DATE
OF THIS LEASE AS DETERMINED BY GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, AND (B)
TENANT