Common use of Basis for Consent Clause in Contracts

Basis for Consent. Notwithstanding anything in any statute or law and without limiting the grounds upon which a consent may be refused, the Landlord will not be deemed to be unreasonable in refusing consent when: (a) the giving of such consent would place the Landlord in breach of any other tenant’s tease in the Project or the proposed use by the Transferee is not substantially the same as that of the Tenant; (b) such consent is requested for a mortgage, charge, debenture (secured by floating charge or otherwise) or other encumbrance of, or in respect of, this Lease or the Leased Premises or any part of them; (c) the Transferee, in the opinion of the Landlord: (i) does not have a history of successful business operation in the business to be conducted in the Leased Premises; (ii) does not have a good credit rating or a substantial net worth; or (iii) there is a history of default under other leases by the Transferee or by companies or partnerships that the Transferee was a principal shareholder of or a partner in at the time of the default; (d) the Transferee is an existing tenant in the Project or in any other project of the Landlord, or has been within 3 months prior to the proposed assignment or sublease taking effect; (e) the Landlord has other premises in the Project available for leasing to the Transferee; (f) In the case of a Transfer to a subtenant of less than the entire Leased Premises, if such would result in a configuration which: (i) would require access to be provided through space leased or held for lease to another tenant or improvements to be made outside of the Leased Premises; or (ii) would, in the sole opinion of the Landlord, be unreasonable to attempt to release to a third party; (g) the required information received from the Tenant or the proposed Transferee is not sufficient in the Landlord’s opinion to enable the Landlord to make a determination concerning the matters set out above; or (h) the use of the Leased Premises by the proposed Transferee, in the Landlord’s opinion arrived at in good faith, could result in excessive use of the systems or Services in the Project, be inconsistent with the image and standards of the Project or expose the occupants of the Project to risk of harm, damage or interference with their use and enjoyment thereof, or reduce the value of the Project. The Landlord shall not be liable for any claims, actions, damages, liabilities, losses or expenses of the Tenant or any proposed Transferee arising out of the Landlord’s unreasonably withholding its consent to any Transfer and the Tenant’s only recourse will be to bring an application for a declaration that the Landlord must grant its consent to the Transfer. In no event shall any Transfer to which the Landlord may have consented release or relieve the Tenant or any Indemnifier from its obligations fully to perform all the terms, covenants and conditions of this Lease, the Indemnity Agreement or any renewals or extensions of this Lease or the Term on its part to be performed and, in any event, the Tenant shall be liable for the Landlord’s costs incurred in connection with the Tenant’s request for consent as set out in Subsection 12.03(g).

Basis for Consent. Notwithstanding anything in the Landlord and Tenant Act, the Commercial Tenancies Act or any other statute or law and without limiting the grounds upon which a consent may be refused, the Landlord will not be deemed to be unreasonable in refusing consent when: (a) the giving of such consent would place the Landlord in breach of any other tenant’s tease lease in the Project or the proposed use by the Transferee (if same is other than for general office purposes) is not substantially the same as that of the Tenant; (b) such consent is requested for a mortgage, charge, debenture (secured by floating charge or otherwise) or other encumbrance of, or in respect of, this Lease or the Leased Premises or any part of them; (c) the Transferee, in the opinion of the Landlord: (i) does not have a history of successful business operation in the business to be conducted in the Leased Premises; (ii) does not have a good credit rating or a substantial net worth; or (iii) there is a history of default under other leases by the Transferee or by companies or partnerships that the Transferee was a principal shareholder of or a partner in at the time of the default; (d) the Transferee is an existing tenant in the Project or in any other project of the Landlord, or has been within 3 months prior to the proposed assignment or sublease taking effect; (e) the Landlord has other premises in the Project available for leasing to the Transferee; (f) In the case of a Transfer to a subtenant of less than the entire Leased Premises, if such would result in a configuration which: (i) would require access to be provided through space leased or held for lease to another tenant or improvements to be made outside of the Leased Premises; or (ii) would, in the sole opinion of the Landlord, be unreasonable to attempt to release re-lease to a third partyparty provided that this Subsection 12.02(f) shall not apply so long as the portion of the Leased Premises to be sublet is located on a full floor leased by the Tenant; (ge) the required information received from the Tenant or the proposed Transferee is not sufficient in the Landlord’s opinion to enable the Landlord to make a determination concerning the matters set out above; or (hf) the use of the Leased Premises by the proposed TransfereeTransferee if same be other than that permitted pursuant to Item 9 of the Term Sheet, in the Landlord’s opinion arrived at in good faith, could result in excessive use of the systems or Services in the Project, be inconsistent with the image and standards of the Project or expose the occupants of the Project to risk of harm, damage or interference with their use and enjoyment thereof, or reduce the value of the Project. The Landlord shall not be liable for any claims, actions, damages, liabilities, losses or expenses of the Tenant or any proposed Transferee arising out of the Landlord’s unreasonably withholding its consent to any Transfer and the Tenant’s only recourse will be to bring an application for a declaration that the Landlord must grant its consent to the Transfer. In no event shall any Transfer to which the Landlord may have consented release or relieve the Tenant or any Indemnifier from its obligations fully to perform all the terms, covenants and conditions of this Lease, the Indemnity Agreement or any remaining unexercised renewals or extensions of this Lease or the Term on its part to be performed and, in any event, the Tenant shall be liable for the Landlord’s costs incurred in connection with the Tenant’s request for consent as set out in Subsection 12.03(g).

Basis for Consent. Notwithstanding anything in the Landlord and Tenant Act, the Commercial Tenancies Act or any other statute or law and without limiting the grounds upon which a consent may be refused, the Landlord will not be deemed to be unreasonable in refusing consent when:; (a) the giving of such consent would place the Landlord in breach of any other tenant’s tease 's lease in the Project or the proposed use by the Transferee is not substantially the same as that of the Tenant; (b) such consent is requested for a mortgage, charge, debenture (secured by floating charge or otherwise) or other encumbrance of, or in respect of, this Lease or the Leased Premises or any part of them; (c) the Transferee, in the opinion of the Landlord: , (iI) does not have a history of successful business operation in the business to be conducted in the Leased Premises; , (ii) does not have a good credit rating or a substantial net worth; , or (iii) there is a history of default under other leases by the Transferee or by companies or partnerships that the Transferee was a principal shareholder of or a partner in at the time of the default; (d) the Transferee is an existing tenant in the Project or in any other project of the Landlord, ; or has been within 3 three (3) months prior to the proposed assignment or sublease taking effect; (e) the Landlord has other premises in the Project available for leasing to the Transferee; (f) In in the case of a Transfer to a subtenant of less than the entire Leased Premises, if such would result in a configuration which: : (i) would require access to be provided through space leased or held for lease to another tenant Tenant or improvements to be made outside of the Leased Premises; or or (ii) would, in the sole opinion of the Landlord, be unreasonable to attempt to release re-lease to a third party; (g) the required information received from the Tenant or the proposed Transferee is not sufficient in the Landlord’s 's opinion to enable the Landlord to make a determination concerning the matters set out above; or; (h) the use of the Leased Premises by the proposed Transferee, in the Landlord’s 's opinion arrived at in good faith, could result in excessive use of the systems or Services in the Project, be inconsistent with the image and standards of the Project or expose the occupants of the Project to risk of harm, damage or interference with their use and enjoyment thereof, or reduce the value of the Project; (i) the proposed Transferee pays or gives or proposes to pay or give to the Tenant money or other consideration that is reasonably attributable to the desirability of the location of the Leased Premises or to improvements thereto which are owned by the Landlord or which the Landlord has paid for in whole or in part; or (j) the proposed Transferee pays or proposes to pay to the Tenant an increase in rent over that payable by the Tenant under this Lease. The Landlord shall not be liable for any claims, actions, damages, liabilities, losses or expenses of the Tenant or any proposed Transferee arising out of the Landlord’s 's unreasonably withholding its consent to any Transfer and the Tenant’s 's only recourse will be to bring an application for a declaration that the Landlord must grant its consent to the Transfer. In no event shall any Transfer to which the Landlord may have consented release or relieve the Tenant or any Indemnifier from its obligations fully to perform all the terms, covenants and conditions of this Lease, the Indemnity Agreement or any renewals or extensions of this Lease or the Term Term, on its part to be performed and, and in any event, event the Tenant shall be liable for the Landlord’s 's costs incurred in connection with the Tenant’s 's request for consent as set out in Subsection Section 12.03(g).

Basis for Consent. Notwithstanding anything in the Landlord and Tenant Act, the Commercial Tenancies Act or any other statute or law and without limiting the grounds upon which a consent may be refused, the Landlord will not be deemed to be unreasonable in refusing consent when: (a) the giving of such consent would place the Landlord in breach of any other tenant’s tease 's lease in the Project or the proposed use by the Transferee is not substantially the same as that of the Tenant; (b) such consent is requested for a mortgage, charge, debenture (secured by floating charge or otherwise) or other encumbrance of, or in respect of, this Lease or the Leased Premises Promises or any part of them; (c) the TransfereeThe transferee, in the opinion of the Landlord: ; (i) does not have a history of successful business operation in the business to be conducted in the Leased Premises; (ii) does not have a good credit rating or a substantial net worth; or (iii) there is a history of default under other leases by the Transferee or by companies or partnerships that the Transferee was a principal shareholder of or a partner in at the time of the default;; MORGUARD February 2005 - Net Office, Multi-Tenant (General Application) (d) the Transferee is an existing tenant in the Project or in any other project of the Landlord, or has been within 3 months prior to the proposed assignment or sublease taking effect; (e) the Landlord has other premises in the Project available for leasing to the Transferee; (f) In the case of a Transfer to a subtenant of less than the entire Leased Premises, if such would result in a configuration which: (i) would require access to be provided through space leased or held for lease to another tenant or improvements to be made outside of the Leased Premises; or (ii) would, in the sole opinion of the Landlord, be unreasonable to attempt to release to a third party; (ge) the required information received from the Tenant or the proposed Transferee Transferree is not sufficient in the Landlord’s opinion to enable the Landlord to make a determination concerning the matters set out above; or (hf) the use of the Leased Premises by the proposed Transferee, in the Landlord’s 's opinion arrived at in good faith, could result in excessive use of the systems or Services in the Project, be inconsistent with the image and standards of the Project or expose the occupants of the Project to risk of harm, damage or interference with their use and enjoyment thereof, or reduce the value of the Project. The Landlord shall not be liable for any claims, actions, damages, liabilities, losses or expenses of the Tenant or any proposed Transferee arising out of the Landlord’s 's unreasonably withholding its consent to any Transfer and the Tenant’s 's only recourse will be to bring an application for a declaration that the Landlord must grant its consent to the Transfer. In no event shall any Transfer to which the Landlord may have consented release or relieve the Tenant or any Indemnifier from its obligations fully to perform all the terms, covenants and conditions of this Lease, the Indemnity Agreement or any renewals or extensions of this Lease or the Term on its part to be performed and, in any event, the Tenant shall be liable for the Landlord’s 's costs incurred in connection with the Tenant’s 's request for consent as set out in Subsection 12.03(g).

Basis for Consent. Notwithstanding anything in any statute or law and without limiting the grounds upon which a consent may be refused, the Landlord will not be deemed to be unreasonable in refusing consent when: (a) the giving of such consent would place the Landlord in breach of any other tenant’s tease 's lease in the Project or the proposed use by the Transferee is not substantially the same as that of the Tenant; (b) such consent is requested for a mortgage, charge, debenture (secured by floating charge or otherwise) or other encumbrance of, or in respect of, this Lease or the Leased Premises or any part of them; (c) the Transferee, in the opinion of the Landlord: ; (i) does not have a history of successful business operation in the business to be conducted in the Leased Premises; , (ii) does not have a good credit rating or a substantial net worth; , or (iii) there is a history of default under other leases by the Transferee or by companies or partnerships that the Transferee was a principal shareholder of or a partner in at the time of the default; (d) the Transferee is an existing tenant in the Project or in any other project of the Landlord, or has been within 3 months prior to the proposed assignment or sublease taking effectaffect; (e) the Landlord has other premises in the Project available for leasing to the Transferee; (f) In in the case of a Transfer to a subtenant of less than the entire Leased Premises, if such would result in a configuration congratulation which: (i) would require access to be provided through space leased or held for lease to another tenant or improvements to be made outside of the Leased Premises; , or (ii) would, in the sole opinion of the Landlord, be unreasonable to attempt to release re-lease to a third party; (g) the required information received from the Tenant or the proposed Transferee is not sufficient in the Landlord’s 's opinion to enable the Landlord to make a determination concerning the matters set out above; or (h) the use of the Leased Premises by the proposed Transferee, in the Landlord’s 's opinion arrived at in good faith, could result in excessive use of the systems or Services in the Project, be inconsistent with the image and standards of the Project or expose the occupants of the Project to risk of harm, damage or interference with their use and enjoyment thereof, or reduce the value of the Project. The Landlord shall not be liable for any claims, actions, damages, liabilities, losses or expenses of the Tenant or any proposed Transferee arising out of the Landlord’s 's unreasonably withholding its consent to any Transfer and the Tenant’s 's only recourse will be to bring an application for a declaration that the Landlord must grant its consent to the Transfer. In no event shall any Transfer to which the Landlord may have consented release or relieve the Tenant or any Indemnifier from its obligations fully to perform all the terms, covenants and conditions of this Lease, the Indemnity indemnify Agreement or any renewals or extensions of this Lease or the Term on its part to be performed and, in any event, the Tenant shall be liable for the Landlord’s 's costs incurred in connection with the Tenant’s 's request for consent as set out in Subsection 12.03(g).

Basis for Consent. Notwithstanding anything in the Landlord and Tenant Act, the Commercial Tenancies Act or any other statute or law and without limiting the grounds upon which a consent may be refused, the Landlord will not be deemed to be unreasonable in refusing consent when: (a) the giving of such consent would place the Landlord in breach of any other tenant’s tease in the Project or the proposed use by the Transferee is not substantially the same as that of the Tenant; (b) such consent is requested for a mortgage, charge, debenture (secured by floating charge or otherwise) or other encumbrance of, or in respect of, this Lease or the Leased Premises or any part of them; (c) the Transferee, in the opinion of the Landlord: (i) does not have a history of successful business operation in the business to be conducted in the Leased Premises; (ii) does not have a good credit rating or a substantial net worth; or (iii) there is a history of default under other leases by the Transferee or by companies or partnerships that the Transferee was a principal shareholder of or a partner in at the time of the default; (d) the Transferee is an existing tenant in the Project or in any other project of the Landlord, or has been within 3 months prior to the proposed assignment or sublease taking effect; (e) the Landlord has other premises in the Project available for leasing to the Transferee; (f) In the case of a Transfer to a subtenant of less than the entire Leased Premises, if such would result in a configuration which: (i) would require access to be provided through space leased or held for lease to another tenant or improvements to be made outside of the Leased Premises; or (ii) would, in the sole opinion of the Landlord, be unreasonable to attempt to release re-lease to a third party; (ge) the required information received from the Tenant or the proposed Transferee is not sufficient in the Landlord’s opinion to enable the Landlord to make a determination concerning the matters set out above; or (hf) the use of the Leased Premises by the proposed Transferee, in the Landlord’s opinion arrived at in good faith, could result in excessive use of the systems or Services services in the Project, be inconsistent with the image and standards of the Project or expose the occupants of the Project to risk of harm, damage or interference with their use and enjoyment thereof, thereof or reduce the value of the Project. The Landlord shall not be liable for any claims, actions, damages, liabilities, losses or expenses of the Tenant or any proposed Transferee arising out of the Landlord’s unreasonably withholding its consent to any Transfer and the Tenant’s only recourse will be to bring an application for a declaration that the Landlord must grant its consent to the Transfer. In no event shall any Transfer to which the Landlord may have consented release or relieve the Tenant or any Indemnifier from its obligations fully to perform all the terms, covenants and conditions of this Lease, the Indemnity Agreement or any renewals or extensions of this Lease or the Term on its part to be performed and, in any event, the Tenant shall be liable for the Landlord’s costs incurred in connection with the Tenant’s request for consent as set out in Subsection 12.03(g).

Basis for Consent. Notwithstanding anything in the Landlord and Tenant Act, the commercial Tenancies Act or any other statute or law and without limiting the grounds upon which a consent may be refused, the Landlord will not be deemed to be unreasonable in refusing consent when: (a) the giving of such consent would place the Landlord in breach of any other tenant’s tease 's lease in the Project or the proposed use by the Transferee is not substantially the same as that of the Tenant; (b) such consent is requested for a mortgage, charge, debenture (secured by floating charge or otherwise) or other encumbrance of, or in respect of, this Lease or the Leased Premises or any part of them; (c) the Transferee, in the opinion of the Landlord: , (i) does not have a history of successful business operation in the business to be conducted in the Leased Premises; , (ii) does not have a good credit rating or a substantial net worth; , or (iii) there is a history of default under other leases by the Transferee or by companies or partnerships that the Transferee was a principal shareholder of or a partner in at the time of the default; (d) the Transferee is an existing tenant in the Project or in any other project of the Landlord, ; or has been within 3 three (3) months prior to the proposed assignment or sublease taking effect; (e) the Landlord has other premises in the Project available for leasing to the Transferee; (f) In in the case of a Transfer to a subtenant of less than the entire Leased Premises, if such would result in a configuration which: : (i) would require access to be provided through space leased or held for lease to another tenant or improvements to be made outside of the Leased Premises; or or (ii) would, in the sole opinion of the Landlord, be unreasonable to attempt to release re-lease to a third party; (g) the required information received from the Tenant or the proposed Transferee is not sufficient in the Landlord’s 's opinion to enable the Landlord to make a determination concerning the matters set out above; or; (h) the use of the Leased Premises by the proposed Transferee, in the Landlord’s 's opinion arrived at in good faith, could result in excessive use of the systems or Services in the Project, be inconsistent with the image and standards of the Project or expose the occupants of the Project to risk of harm, damage or interference with their use and enjoyment thereof, or reduce the value of the Project; (i) the proposed Transferee pays or gives or proposes to pay or give to the Tenant money or other consideration that is reasonably attributable to the desirability of the location of the Leased Premises or to improvements thereto which are owned by the Landlord or which the Landlord has paid for in whole or in part; or (j) the proposed Transferee pays or proposes to pay to the Tenant an increase in rent over that payable by the Tenant under this Lease. The Landlord shall not be liable for any claims, actions, damages, liabilities, losses or expenses of the Tenant or any proposed Transferee arising out of the Landlord’s 's unreasonably withholding its consent to any Transfer and the Tenant’s 's only recourse will be to bring an application for a declaration that the Landlord must grant its consent to the Transfer. In no event shall any Transfer to which the Landlord may have consented release or relieve the Tenant or any Indemnifier from its obligations fully to perform all the terms, covenants and conditions of this Lease, the Indemnity Agreement or any renewals or extensions of this Lease or the Term Term, on its part to be performed and, in any event, the Tenant shall be liable for the Landlord’s 's costs incurred in connection with the Tenant’s 's request for consent as set out in Subsection 12.03(g).

Basis for Consent. Notwithstanding anything in the Commercial Tenancies Act or any other statute or law and without limiting the grounds upon which a consent may be refused, the Landlord will not be deemed to be unreasonable in refusing consent when: (a) the giving of such consent would place the Landlord in breach of any other tenant’s tease lease in the Project or the proposed use by the Transferee is not substantially the same as that of the Tenant; (b) such consent is requested for a mortgage, charge, debenture (secured by floating charge or otherwise) or other encumbrance of, or in respect of, this Lease or the Leased Premises or any part of them; (c) the Transferee, in the opinion of the Landlord: (i) does not have a history of successful business operation in the business to be conducted in the Leased Premises; (ii) does not have a good credit rating or a substantial net worth; or (iii) there is a history of default under other leases by the Transferee or by companies or partnerships that the Transferee was a principal shareholder of or a partner in at the time of the default; (d) the Transferee is an existing tenant in the Project or in any other project of the Landlord, or has been within 3 months prior to the proposed assignment or sublease taking effect; (e) and the Landlord then has other premises in the Project available reasonably suitable for leasing to the Transferee; (e) Intentionally Deleted; (f) In in the case of a Transfer to a subtenant of less than the entire Leased Premises, if such would result in a configuration which: (i) would require access to be provided through space leased or held for lease to another tenant or improvements to be made outside of the Leased Premises; or (ii) would, in the sole reasonable opinion of the Landlord, be unreasonable to attempt to release re-lease to a third party; (g) the required information received from the Tenant or the proposed Transferee is not sufficient in the Landlord’s reasonable opinion to enable the Landlord to make a determination concerning the matters set out above; or (h) if there is a change in use, the use of the Leased Premises by the proposed Transferee, in the Landlord’s opinion arrived at in good faith, could result in excessive use of the systems or Services in the Project, be inconsistent with the image and standards of the Project or expose the occupants of the Project to risk of harm, damage or interference with their use and enjoyment thereof, or reduce the value of the Project. The Landlord shall not be liable for any claims, actions, damages, liabilities, losses or expenses of the Tenant or any proposed Transferee arising out of the Landlord’s unreasonably withholding its consent to any Transfer and the Tenant’s only recourse will be to bring an application for a declaration that the Landlord must grant its consent to the Transfer. In no event shall any Transfer to which the Landlord may have consented release or relieve the Tenant or any Indemnifier from its obligations fully to perform all the terms, covenants and conditions of this Lease, the Indemnity Agreement Lease or any renewals or extensions of this Lease or the Term that have been exercised by the Tenant on its part to be performed and, in any event, the Tenant shall be liable for the Landlord’s reasonable costs incurred in connection with the Tenant’s request for consent as set out in Subsection 12.03(g).