Common use of Conditions of COUNTY Approval Clause in Contracts

Conditions of COUNTY Approval. County agrees that it will not arbitrarily withhold consent to any Transfer, but County may withhold consent at its sole discretion if any of the following conditions exist: A. Tenant, its successors or assigns are in default of any term, covenant or condition of this Lease, whether notice of default has or has not been given by County. B. The prospective tenant, assignee or transferee has not agreed in writing to keep, perform and be bound by all the terms, covenants, and conditions of this Lease. C. The prospective tenant, assignee or transferee is not financially capable or not experienced in performing the obligations of this Lease, as determined by the Airport Director. D. The Tenant’s or assignee's use is in conflict with the terms of this Lease. E. All the terms, covenants and conditions of Transfer, including the consideration therefore, of any and every kind, have not been revealed in writing to Airport Director. F. Any construction required of Tenant as a condition of this Lease has not been completed to the satisfaction of County. G. Xxxxxx has not provided Airport Director with a copy of all documents relating to the Transfer, including, but not limited to, appraisals, notes, trust deeds, title reports, escrow instructions, etc. H. Tenant attempts to hypothecate the rights granted by this Lease for an amount greater than the cost of new improvements to be constructed on the Leased Premises. Hypothecation shall not be permitted for any reason other than to obtain Loan Proceeds necessary to construct new improvements on the Leased Premises.

Appears in 3 contracts

Samples: Retail Concession Lease, Retail Concession Lease, Food & Beverage Concession Lease

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Conditions of COUNTY Approval. County agrees that it will not arbitrarily withhold consent to any Transfer, but County may withhold consent at its sole discretion if any of the following conditions exist: A. Tenant, its successors or assigns are in default of any term, covenant or condition of this Lease, whether notice of default has or has not been given by County. B. The prospective tenant, assignee or transferee has not agreed in writing to keep, perform and be bound by all the terms, covenants, and conditions of this Lease. C. The prospective tenant, assignee or transferee is not financially capable or not experienced in performing the obligations of this Lease, as determined by the Airport Director. D. The Tenant’s or assignee's ’s use is in conflict with the terms of this Lease. E. All the terms, covenants and conditions of Transfer, including the consideration therefore, of any and every kind, have not been revealed in writing to Airport Director. F. Any construction required of Tenant as a condition of this Lease has not been completed to the satisfaction of County. G. Xxxxxx has not provided Airport Director with a copy of all documents relating to the Transfer, including, but not limited to, appraisals, notes, trust deeds, title reports, escrow instructions, etc. H. Tenant attempts to hypothecate the rights granted by this Lease for an amount greater than the cost of new improvements to be constructed on the Leased Premises. Hypothecation shall not be permitted for any reason other than to obtain Loan Proceeds necessary to construct new improvements on the Leased Premises.

Appears in 1 contract

Samples: Concession Lease Agreement

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