Conditions of consent Sample Clauses
Conditions of consent. If DFMC gives its consent to the assignment of this Contract, DFMC may require you and the person to whom you wish to assign this Contract, to enter into a deed of consent in a form which is reasonably acceptable to DFMC. The deed of consent will, amongst other things, require the person to whom you wish to assign this Contract to comply with this Contract from the date of assignment.
Conditions of consent. The following provisions will apply to any assignment or sublease or grant of licence:
(a) notwithstanding any permitted assignment, sublease or grant of licence, the Tenant will remain fully liable on this Lease and will not be released from performing any of the terms, covenants and conditions of this Lease during the Term hereof and any renewal terms;
(b) if this Lease is assigned or if the Premises or any part thereof are sublet or occupied by anybody other than the Tenant, the Landlord may collect Rent directly from the assignee, sub-tenant or occupant, and apply the net amount collected, or the necessary portion thereof, to the Rent herein reserved;
(c) if this Lease is assigned or if the Premises or any part thereof are sublet or occupied by anybody other than the Tenant, the assignee, sub-tenant or occupier will not be entitled to receive any Rent abatement provided to the Tenant;
(d) the Landlord may require the assignee or subtenant to undertake to the Landlord in writing to perform and observe the obligations of the Tenant hereunder by entering into an assumption agreement directly with the Landlord, in form and content satisfactory to the Landlord;
(e) the consent by the Landlord to any assignment or sublease will not constitute a waiver of the necessity for such consent to any subsequent assignment or sublease; and
(f) the Tenant will pay to the Landlord the reasonable costs and expenses incurred by the Landlord in considering and processing the Tenant's request for consent.
Conditions of consent. Landlord may condition its consent in paragraph 4.01(b) on all or any part of the following:
Conditions of consent. 14.3.1. If the Tenant receives consent to a Transfer under subsection 14.1 above, then, in addition to any other terms and conditions imposed by the Landlord in the giving of such consent, the Tenant and the transferee shall execute and deliver, on demand, an agreement prepared by the Landlord providing that the transferee shall be directly bound to the Landlord to perform all obligations of the Tenant hereunder including, without limitation, the obligation to pay all Rent and other amounts provided for herein; acknowledging and agreeing that there shall be no subsequent Transfer of this Lease or of the Premises or of any interest therein without the prior consent of the Landlord pursuant to subsection 14.1 above; acknowledging that the Tenant as originally named herein (and any guarantor) shall remain fully liable for all obligations of the tenant hereunder, including the obligation to pay all Rent provided herein and including any and all obligations arising out of any subsequent amendments to this Lease made between the Landlord and the transferee (whether or not consented to by the Tenant and/or any guarantor), jointly and severally with the transferee; and such other provisions as the Landlord shall require.
14.3.2. All reasonable costs (not to exceed $2000) incurred by the Landlord in connection with any request for consent to a Transfer, including reasonable costs of investigation and the reasonable fees of the Landlord’s counsel, shall be paid by the Tenant on demand as a further condition of any consent which may be given.
Conditions of consent. All reasonable costs incurred by the Landlord in connection with any request for consent to a Transfer, including reasonable costs of investigation and the reasonable fees of the Landlord’s counsel, shall be paid by the Tenant on demand as a further condition of any consent which may be given.
Conditions of consent. 6.1 Nothing in this Agreement, other than clauses 5.1 and 5.2, limits or restricts the ability of Council to impose conditions on Development Consents pursuant to the Act, and no action which the Developer takes in compliance with any such conditions constitutes a breach of this Agreement.
6.2 Without limiting clause 6.1, the Developer acknowledges that s7.11 and s7.12 of the Act apply to development on the Land comprising dwellings exceeding 7,700756 in number for which Development Consent is required under the Act.
Conditions of consent. Xxxxxxx may condition its consent to the proposed transfer of an interest referred to in this Section on satisfaction of any or all of the following requirements:
(i) That all Franchisee's accrued monetary obligations and all other outstanding obligations to Xxxxxxx and its Affiliates have been satisfied;
(ii) That Franchisee is not in default of any provision of this Agreement, any amendment hereof or successor hereto, or any other agreement between Franchisee and Xxxxxxx or its affiliates;
(iii) That the transferee (or, if applicable, such owners of the transferee as Xxxxxxx may request), in Xxxxxxx'x sole judgment, satisfies all of Xxxxxxx'x business standards and requirements; has the aptitude and ability to perform the obligations of Franchisee under this Franchise Agreement; and has adequate financial resources and capital to do so;
(iv) That the transferee, at Xxxxxxx'x election, consistent with then current Xxxxxxx policy, (a) enter into a written assignment, in a form satisfactory to Xxxxxxx, assuming and agreeing to discharge all of Franchisee's obligations under this Agreement, or (b) execute, for a term ending on the expiration date of this Agreement, Xxxxxxx'x then-current On The Border Restaurant Franchise Agreement applicable to such transferee and such ancillary agreements as Xxxxxxx may require. If the transferee is required to execute a new franchise agreement, such agreement shall supersede this Agreement in all respects;
(v) That the transferee (or, if applicable, such owners of the transferee as Xxxxxxx may request) meet all of the Xxxxxxx requirements then applicable to franchisees and execute a guarantee of the performance of Franchisee's obligations to Xxxxxxx and Xxxxxxx'x affiliates;
(vi) That the Franchisee and each transferor execute a general release, in a form satisfactory to Xxxxxxx, of any and all claims against Xxxxxxx, its affiliates, and their respective officers, directors, agents, and employees, in their corporate and individual capacities;
(vii) That the transferee (or, if applicable, the owners of the transferee, its restaurant managers and its proposed Managing Owner or Director), at the transferee's expense, complete any applicable orientation and training programs (if any) then required by Xxxxxxx;
(viii) That the transferor pay a transfer fee of Four Thousand Dollars ($4,000) in consideration of Xxxxxxx'x expenses in reviewing the proposed transfer for the first On The Border Restaurant involved in the transaction...
Conditions of consent. If consent to the assignment or subletting is granted, it may be granted on such reasonable conditions as the Lessor may deem appropriate in light of all of the circumstances, including the proposed use by the assignee or sublessee, and any change in conditions since the commencement of this lease. The conditions may include a reasonable additional charge for administrative services of the Lessor incident to the transaction.
Conditions of consent. (a) Should consent be granted, such consent shall be subject to Tenant causing the Assignee to execute an agreement directly with Landlord undertaking to be bound by all the terms, covenants and conditions contained in this Lease as though Assignee had originally executed this Lease as Tenant.
(b) Tenant shall pay to Landlord any and all consideration received by Tenant for such Assignment to the extent such consideration exceeds the remaining book value of Tenant’s leasehold improvements paid for by Tenant, whether paid in lump sum or in rent exceeding Base Monthly Rent required under this Lease.
(c) At no time when Tenant is in default in the performance of any covenant of this Lease or in payment of Base Monthly Rent or any other matured sums payable hereunder shall any Assignment be approved or permitted, nor shall the notice provision of Section 14.02 limit the right to declare default and pursue other remedies provided for in this Lease or under the laws of the State of Utah.
Conditions of consent. (a) The Agent may give or refuse its consent to the appointment of a Sub Agent by the Direct Standard Partner in the Agent’s unfettered discretion.
(b) If the Agent gives its consent it may do so on conditions. The conditions may include that the appointment of the Sub Agent be on terms required by the Agent. The Direct Standard Partner must comply with the conditions.
(c) Despite the Agent’s consent to the appointment of a Sub Agent the Direct Standard Partner must, if directed to do so by the Agent, immediately terminate the appointment of a Sub Agent.