ASSIGNMENT OF
LEASE
WITH
CONSENT OF LANDLORD
THIS ASSIGNMENT OF
LEASE dated
________
day of ________________, ________
BETWEEN:
_________________________
(the "Assignor")
OF THE FIRST
PART
- AND-
_________________________
(the "Assignee")
OF THE SECOND
PART
- Background
- This is an agreement
(the "Assignment") to assign a commercial lease in real property
according to the terms specified below.
- The Assignor wishes to
assign and transfer to the Assignee that lease (the "Lease")
dated
________
day of ________________, ________
, and executed by the Assignor as tenant and by
_________________________
as landlord
(the "Landlord")
.
IN CONSIDERATION
OF the Assignor agreeing to assign and the Assignee
agreeing to assume the Lease for the Premises, and other valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, both parties agree to keep, perform and fulfill the
promises, conditions and agreements below:
- Premises
- The Lease governs the
rental of the following described premises (the "Premises") to
the Assignor:
______________________________________________
- Assigned
Lease
- The Assignor assigns and
transfers to the Assignee all of the Assignor's right, title,
and interest in and to the Lease and the Premises, subject to
all the conditions and terms contained in the Lease.
- Effective
Date
- This Assignment takes
effect on
_______________________________
(the "Effective Date"), and continues until the
present term of the Lease expires on
_______________________________
.
- Assignor's
Interest
-
The Assignor covenants that:
- the Assignor is
the lawful and sole owner of the interest assigned under
this Assignment;
- this interest is
free from all encumbrances; and
- the Assignor has
performed all duties and obligations and made all
payments required under the terms and conditions of the
Lease.
- Breach
of Lease by Assignee
- Consent to this
Assignment will not discharge the Assignor of its obligations
under the Lease in the event of a breach by the Assignee.
- In the event of a breach
by the Assignee, the Landlord will provide the Assignor with
written notice of this breach and the Assignor will have full
rights to commence all actions to recover possession of the
Premises (in the name of the Landlord, if necessary) and retain
all rights for the duration of the Lease provided the Assignor
will pay all accrued rents and cure any other default.
- Governing
Law
- It is the intention of
the parties that this Assignment, and all suits and special
proceedings under this Assignment, be construed in accordance
with and governed, to the exclusion of the law of any other
forum, by the laws of the State of
_______________________________
, without regard to the jurisdiction in which any
action or special proceeding may be instituted.
- Miscellaneous
Provisions
- This Assignment
incorporates and is subject to the Lease, a copy of which is
attached hereto, and which is hereby referred to and
incorporated as if it were set out here at length. The Assignee
agrees to assume all of the obligations and responsibilities of
the Assignor under the Lease.
- This Assignment will be
binding upon and inure to the benefit of the parties, their
successors, assigns, personal representatives, beneficiaries,
executors, administrators, and heirs, as the case may be.
- All rents and other
charges accrued under the Lease prior to the Effective Date will
be fully paid by the Assignor, and by the Assignee after the
Effective Date. The Assignee will also be responsible for
assuming and performing all other duties and obligations
required under the terms and conditions of the Lease after the
Effective Date.
- There will be no further
assignment of the Lease without the prior written consent of the
Landlord.
IN WITNESS WHEREOF
the Assignor and Assignee have duly affixed their signatures
under hand and seal on
________
day of ________________, ________
.
_______________________________ Witness
|
_______________________________ Assignor
|
_______________________________ Witness
|
_______________________________ Assignee
|
CONSENT OF
LANDLORD
The Landlord in the above Assignment of Lease executed on the
________
day of ________________, ________
, consents to that Assignment. The Landlord also
agrees to the Assignee assuming after
_______________________________
, the payment of rent and performance of all duties
and obligations as provided in the Lease.
Dated:
____ day of _________________,
20____
|
______________________________ Landlord:
_________________________
|