4.4 SR 05-02-2022 - Laserfiche WebLink

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event no subletting or assignment shall release Tenant of its obligation to pay the rent and to perform all other obligations to be performed by Tenant hereunder for the Term of this Lease. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. At Landlord's option, Landlord may terminate the Lease in lieu of giving its consent to any proposed assignment of this Lease or subletting of the Leased Premises (which termination may be contingent upon the execution of a new lease with the proposed assignee or subtenant). B. In no event shall Landlord be required to consent to any assignment or sublease by Tenant or any person holding an interest in the leasehold under or through Tenant unless Landlord is provided adequate assurances in Landlord's sole opinion that: 1. The source of rent and other consideration due under this Lease, and in the case of a transfer, that the �nancial condition and operating performance of the proposed assignee and its guarantors, if any, shall be equal to or greater than the financial condition and operating performance of the Tenant or such other persons and its guarantors, if any, as of the time the Tenant became the lessee under this Lease; 2. That the transfer of this Lease is subject to all the provisions hereof, including, but not limited to, provisions such as a radius, location, use or exclusivity provision, and will not breach any such provision contained in any other lease, financing agreement or master agreement relating to the Community Center; 3. That the transfer of this Lease will not disrupt any Tenant mix or balance in the Community Center; 4. That the proposed transferee agrees to assume the obligations under this Lease; 5. That the proposed transferee has not less than five (5) years' experience in operations similar to the Authorized Business being operated within the Leased Premises; 6. Any payments to be made by the proposed transferee shall, at Landlord's option, be paid directly to Landlord; 7. Tenant agrees to continue to be bound by the terms of the Lease notwithstanding any modi�cation or amendments to this Lease; provided such modifications or amendments do not increase the length of the Term or the rental obligations hereunder. B. Landlord's right to assign this Lease is and shall remain unqualified upon any sale or transfer of the Community Center and, providing the purchaser succeeds to the interests of Landlord under this Lease; Landlord shall thereupon be entirely freed of all obligations of Landlord hereunder and shall not be subject to any liability resulting from any act or omission or event occurring after such conveyance. 13 zzi4s2�9