BE IT KNOWN THAT _______________________________________________, Assignor, in consideration of the sum of
Dollars ($ ___________________ ),
paid by ________________________________________________________, ________________________________Assignee, hereby assigns unto the Assignee, that certain lease made by
bearing date the _______ day of
________________________, 19 ______, a copy of which is attached hereto as Exhibit "A", covering that portion of the property described therein as follows: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ together with the premises therein described, the buildings thereon, and all appurtenances thereto,
To have and to hold the same unto the Assignee from the _________ day of __________________, 19 ______, for all the rest of the years mentioned in the said lease, subject to the rents, covenants, conditions and provisions therein also mentioned.
1. The Assignee hereby assumes the performance of all of the
terms, covenants and conditions of the lease herein assigned by the Assignor to the Assignee and agrees to pay the rent reserved by the said lease on the next rent day and monthly thereafter until the termination of the said lease and will well and truly perform all the terms, covenants and conditions of the said lease herein assigned; all with full force and effect as if the Assignee had signed the lease originally as tenant named therein.
2. The Assignee hereby agrees to indemnify and save harmless
the Assignor from all manners of suit, actions, damages, charges and expenses, including attorneys fees and costs
that the Assignor may sustain by reason of the Assignee's
failure to pay the rent reserved in the said lease or by reason of the Assignee's breach of any of the terms, covenants and conditions of the lease herein assigned.
3. The Assignee hereby agrees that the obligations herein
assumed by the Assignee shall inure jointly and severally to the landlord named in the lease herein assigned and to the Assignor herein.
4. This is an assignment and the Assignor's interest in the
premises is as Lessee under a lease made by
dated ,
a copy of which is attached hereto and made a part hereof
as Exhibit "A". Except as provided to the contrary herein, this assignment is expressly made subject to all the terms and conditions of said underlying lease and the Assignee agrees to use the premises in accordance with the terms of said underlying lease and not do or omit to do anything which will breach any of the terms thereof. If said underlying lease is terminated, this assignment shall terminate simultaneously and any unearned rent paid in advance shall be refunded to the Assignee, provided that such termination is not the result of a breach by Assignee of the within assignment. The Assignee hereby agrees to
assume the obligation for performance of all the Assignor's obligations under the aforesaid lease.
5. Governing Law. This agreement, and all transactions
contemplated hereby, shall be governed by, construed and enforced in accordance with the laws of the State of ______________. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in ____________ County, State of ___________________. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of
competent jurisdiction if filed more than one year
subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable.
6. Contractual Procedures. Unless specifically disallowed by
law, should litigation arise hereunder, service of process therefor may be obtained through certified mail, return receipt requested; the parties hereto waiving any and all rights they may have to object to the method by which service was perfected.
IN WITNESS WHEREOF, this Assignment has been duly executed by the Assignor, this _______ day of _________________, 19 __.
Signed, sealed and delivered in the presence of:
______________________________ ______________________________
Witness Assignor
______________________________
Witness
______________________________ ______________________________
Witness Assignee
______________________________
Witness
STATE OF ___________________
COUNTY OF ___________________
I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared ____________________________________________, to me known to be the person described in and who executed the foregoing instrument and _____ acknowledged before me that _____ executed the same.
WITNESS my hand and official seal in the county and state last aforesaid this _______ day of ________________, 19 __.
______________________________ Notary Public
(SEAL) State of _____________________
My Commission Expires: ______________________________
STATE OF ___________________
COUNTY OF ___________________
I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared ____________________________________________, to me known to be the person described in and who executed the foregoing instrument and ____ acknowledged before me that ____ executed the same.
WITNESS my hand and official seal in the county and state last aforesaid this _______ day of ________________, 19 __.
______________________________ Notary Public
(SEAL) State of _____________________
My Commission Expires: ______________________________
EXHIBIT "A"
Primary Lease Agreement
CONSENT OF LANDLORD IN PRIMARY LEASE
The Landlord hereby consents to said Lease Assignment from Assignor to Assignee and shall look principally to Assignee and only subsequently to Assignor for satisfaction of any outstanding obligations left unsatisfied upon breach or termination of the lease.
IN WITNESS WHEREOF, this Assignment has been duly executed by the Landlord, this _______ day of _________________, 19 __.
Signed, sealed and delivered in the presence of: