Alternative Use. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert the Property to an alternative use during the Lease Term without Lessor’s prior written consent, provided that Lessee shall be permitted to change the concept or brand operated on the Property so long as such brand or concept is a Permitted Facility and, in such event, Lessee shall provide Lessor with written notice of any such change.
Alternative Use. Tenant shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to an alternative use during the Lease Term without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord’s consent shall not be deemed unreasonably withheld if Landlord’s decision is based on any or all of the following:
(a) whether the rental paid to Landlord would be equal to or greater than the anticipated rental assuming continued existing use;
(b) whether the proposed rental to be paid to Landlord is reasonable considering the converted use of such Property and the customary rental prevailing in the community for such use;
(c) whether the converted use will be consistent with the highest and best use of such Property;
(d) whether the converted use will increase Landlord’s risks or decrease the value of such Property;
(e) whether the converted use will adversely affect Landlord’s status as a REIT; and
(f) whether Landlord is able to obtain approval of its Lender to any such change in use provided Landlord shall use commercially reasonable efforts to obtain approval of its Lender.
Alternative Use. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to an alternative use during the Lease Term without Lessor’s prior written consent, which consent shall not be unreasonably withheld; provided, however, that Lessor’s consent shall not be deemed unreasonably withheld if Lessor’s decision is based on any or all of the following: (a) whether the converted use will increase Lessor’s risks or decrease the value of such Property; and (b) whether the converted use will adversely affect Lessor’s status as a REIT or Lessor’s ability to complete a Securitization.
Alternative Use. Except as otherwise provided in Section 14.03 below in connection with any subletting of the Property, Lessee shall not, by itself or through any assignment or other type of transfer, convert any of the Properties to a use other than use as a Permitted Facility during the Lease Term without Lessor’s prior written consent. Notwithstanding any provision contained in this Lease, no Property may be used for any of the uses set forth on Schedule 8.02 attached hereto.
Alternative Use. If the City does not have a need for the property as a Park, but instead wants to use the property for an alternative City use, the alternative use must first be approved by the Developer, which permission for such use will not be unreasonably withheld, provided the proposed City use is compatible with the surrounding neighborhood uses. The specific site shall be mutually agreed upon the Parties.
Alternative Use. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to an alternative use during the Lease Term without Lessor’s prior written consent, which consent shall not be unreasonably withheld; provided, however, that Lessor’s consent shall not be deemed unreasonably withheld if Lessor’s decision is based on any or all of the following: (a) whether the rental paid to Lessor would be equal to or greater than the anticipated rental assuming continued existing use; (b) whether the proposed rental to be paid to Lessor is reasonable considering the converted use of such Property and the customary rental prevailing in the community for such use; (c) whether the converted use will be consistent with the highest and best use of such Property; (d) whether the converted use will increase Lessor’s risks or decrease the value of such Property; and (e) whether the converted use will adversely affect Lessor’s status as a REIT.
Alternative Use. Except for the Permitted Subleases, Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to an alternative use during the Lease Term without Lessor’s prior written consent. In the event that Lessee shall change the use of the Properties or the concept or brand operated on the Properties, only as may be expressly permitted herein or consented to by Lessor in writing, Lessee shall provide Lessor with written notice of any such change and copies of the franchise agreement(s) related to such new concept or brand, if any.
Alternative Use. If SureBeam elects not to use the Facility for electronic pasteurization of food products, or elects to use the Facility in part for such pasteurization and in part for the irradiation of other materials, SureBeam shall pay to Square-H, in addition to the royalty set forth in Paragraph 3.5 of the Original Agreement based on the volume of all food products processed from the Facility, a royalty of [...***...] percent ([...***...]%) of the aggregate consideration received by SureBeam in consideration of treating such other products at the facility. Such royalty shall be paid within thirty (30) days following the expiration of each calendar month of the term.
Alternative Use. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert the Property to an alternative use during the Lease Term without Lessor’s prior written consent. In the event that Lessee shall change the concept or brand of the Permitted Facility operated on the Property, only as may be expressly permitted herein or consented to by Lessor in writing, which consent shall not be unreasonably withheld, conditioned or delayed, Lessee shall provide Lessor with written notice of any such change and a full explanation of such new concept or brand, if any. In the event Lessee wishes to change the concept or brand of the operations on the Property such that they would no longer be a Permitted Facility, then Lessee must obtain the written consent of Lessor in advance, which consent shall not be unreasonably withheld, conditioned or delayed.
Alternative Use. If XXXX XXX decides to devote the property to uses other than those allowed under the HUD Contract and the Covenant Deed, HƯNG ĐẠO shall be solely responsible for securing approval from HUD in accordance with Rider 5 of 5 to the HUD Contract, which mandates that the request include a comprehensive development plan and market assessment which support the alternative use.
