CONDITIONS TO LANDLORD'S CONSENT. If Landlord elects to consent, or shall have been ordered to so consent by a court of competent jurisdiction, to such requested assignment or subletting, such consent shall be expressly conditioned upon the occurrence of each of the conditions below set forth, and any purported assignment or subletting made or ordered prior to the full and complete satisfaction of each of the following conditions shall be void and, at the election of Landlord, which election may be exercised at any time following such a purported assignment or subletting but prior to the satisfaction of each of the stated conditions, shall constitute a material default by Tenant under this Lease until cured by satisfying in full each such condition by the assignee or sublessee. The conditions are as follows:
(a) Landlord having approved in form and substance the assignment or sublease agreement and any ancillary documents, which approval shall not be unreasonably withheld by Landlord if the requirements of this Article 7 are otherwise complied with.
(b) Each such sublessee or assignee having agreed, in writing satisfactory to Landlord and its counsel and for the benefit of Landlord, to assume, to be bound by, and to perform the obligations of this Lease to be performed by Tenant which relate to space being subleased.
(c) Tenant having fully and completely performed all of its obligations under the terms of this Lease through and including the date of such assignment or subletting.
(d) Tenant having reimbursed to Landlord all reasonable costs and reasonable attorneys' fees incurred by Landlord in conjunction with the processing and documentation of any such requested subletting or assignment.
(e) Tenant having delivered to Landlord a complete and fully-executed duplicate original of such sublease agreement or assignment agreement (as applicable) and all related agreements.
(f) Tenant having paid, or having agreed in writing to pay as to future payments, to Landlord fifty percent (50%) of all assignment consideration or excess rentals to be paid to Tenant or to any other on Tenant's behalf or for Tenant's benefit for such assignment or subletting as follows:
(i) If Tenant assigns its interest under this Lease and if all or a portion of the consideration for such assignment is to be paid by the assignee at the time of the assignment, that Tenant shall have paid to Landlord and Landlord shall have received an amount equal to fifty percent (50%) of the assignment consideration so paid or to be ...
CONDITIONS TO LANDLORD'S CONSENT. If Landlord elects to consent, or shall have been ordered to so consent by a court of competent jurisdiction, to such requested assignment or subletting, such consent shall be expressly conditioned upon the occurrence of each of the conditions below set forth, and any purported assignment or subletting made or ordered prior to the full and complete satisfaction of each of the following conditions shall be
CONDITIONS TO LANDLORD'S CONSENT. Landlord’s consent to any assignment shall be conditioned inter alia, upon the requirement that the proposed assignee shall have a creditworthiness and financial net worth acceptable to Landlord in its reasonable discretion if such credit is less than that of Tenant and the proposed assignee shall expressly assume all of Tenant’s obligations hereunder arising from and after such assignment. Landlord’s consent to any sublease shall be conditioned, inter alia, upon the requirement that the sublease shall state: (i) that it is subject to all of the provisions of this Lease; and (ii) that the subtenant’s rights shall not survive the earlier termination of this Lease, whether by voluntary cancellation between Landlord and Tenant, or otherwise.
CONDITIONS TO LANDLORD'S CONSENT. Landlord shall retain fifty (50%) percent of any sublease or assignment consideration in excess of rentals to be paid by Tenant hereunder. Tenant shall retain fifty (50%) percent. There shall be no deduction for any costs of subleasing.
CONDITIONS TO LANDLORD'S CONSENT. If Landlord elects to consent to such requested assignment or subletting, such consent shall be expressly conditioned upon the occurrence of each of the conditions set forth below. Any purported assignment or subletting made prior to the full and complete satisfaction of each of the following conditions shall be void and shall, at the option of Landlord, constitute a material default of this Lease permitting Landlord to terminate this Lease unless such default is cured by Tenant satisfying each condition within five (5) days of receipt of written notice of the default. The conditions are as follows:
A. Landlord having approved in form and substance the assignment or sublease agreement, which approval shall not be unreasonably withheld.
B. Each such sublessee or assignee having agreed in writing satisfactory to Landlord to assume, to be bound by, and to perform the obligations of this Lease to be performed by Tenant.
C. Tenant having delivered to Landlord a complete and fully executed duplicate original of each sublease agreement or assignment agreement.
D. Tenant and Tenant’s sublessee shall have entered into a written agreement with and for the benefit of Landlord satisfactory to Landlord whereby Tenant and Tenant’s sublessee jointly agree to pay to Landlord one hundred percent of all excess rentals to be paid by such sublessee as and when such excess rentals are so paid.
CONDITIONS TO LANDLORD'S CONSENT. If Landlord elects to consent to such requested assignment or subletting, such consent shall be expressly conditioned upon the occurrence of each of the following conditions:
(a) Landlord having approved in form and substance the assignment or sublease agreement and any ancillary documents, which approval shall not be unreasonably withheld by Landlord if the requirements of this Article 7 are otherwise complied with.
(b) Each such sublessee or assignee having agreed, in writing satisfactory to Landlord and its counsel and for the benefit of Landlord, to assume, to be bound by, and to perform the obligations of this Lease to be performed by Tenant which relate to space being subleased.
(c) Tenant having reimbursed to Landlord all reasonable costs and reasonable attorneys’ fees incurred by Landlord in conjunction with the processing and documentation of any such requested subletting or assignment (not to exceed $500 per request).
(d) Tenant having delivered to Landlord a complete and fully-executed duplicate original of such sublease agreement or assignment agreement (as applicable) and all related agreements.
CONDITIONS TO LANDLORD'S CONSENT. As a condition to Landlord's consent to any subleasing, assignment or transfer of part or all of Tenant's interest in the Premises (i) Tenant shall be required to pay Landlord's legal and other costs incurred in connection with the review and execution thereof, (ii) Landlord shall be entitled to receive any rent or other premium on the sublease, assignment or transfer (i.e., if the sublease, assignment or transfer provides that the subtenant, assignee or other transferee thereunder is to pay any amount in excess of the rental and other charges due under this Lease, whether such premium be in the form of an increased rental, a lump sum payment in consideration of the sublease, assignment or transfer, or consideration of any other form, such premium over and above the rent and other sums due hereunder shall at Landlord's election inure only to Landlord's benefit), (iii) any subtenant of part or all of Tenant's interest in the Premises shall agree that in the event Landlord gives such subtenant notice that Tenant is in default under this Lease, such subtenant shall thereafter make all sublease or other payments directly to Landlord, which payments will be received by Landlord without any liability, whether to honor the sublease or otherwise (except to credit such payments against sums due under this Lease), and any subtenant shall agree to attorn to Landlord or its successors and assigns should the sublease be terminated for any reason voluntarily or otherwise, except that in no event shall Landlord or its successors or assigns be obligated to accept such attornment, (iv) any such transfer and consent shall be affected on forms, the form and substance of which have been supplied or approved by Landlord and/or its
CONDITIONS TO LANDLORD'S CONSENT. Landlord’s consent to the Sublease is expressly conditioned on the following:
7.1 Prior to the Subtenant’s taking occupancy of the Subleased Premises, Tenant shall deliver to Landlord certificates of insurance evidencing Subtenant’s compliance with Section 8 of the Master Lease and indicating that Landlord is named as an additional insured on such policies.
7.2 In accordance with Section 17.A of the Master Lease, Tenant shall pay all of Landlord’s attorneys’ fees and other expenses incurred in connection with Landlord’s consent to the Sublease and this Agreement within ten (10) days following Tenant’s receipt of an invoice.
7.3 Tenant shall pay to Landlord as and when required under the Master Lease, the amounts set forth in Section 17.E of the Master Lease regarding Excess Rent.
7.4 Subtenant shall waive to the extent permitted by law, any claims it may have against Landlord or its officers, directors, employees or agents for business interruption or damage to property sustained by Subtenant as the result of any act or omission of Landlord, its agents or employees, as set forth in Section 8.A of the Master Lease.
7.5 Subtenant shall indemnify, defend and hold harmless Landlord and its officers, directors, employees and agents against any claim by any third party for injury to any person or damage to or loss of any property occurring in or around the Project and arising from the use of the Premises or from any other act or omission, negligence or intentional misconduct of Subtenant, its employees, agents or invitees, or Subtenant’s breach of its obligations under the Sublease or this Agreement, as set forth in Section 8.B of the Master Lease. Subtenant’s obligations under this Section shall survive the termination of the Sublease.
CONDITIONS TO LANDLORD'S CONSENT. Landlord's consent to a requested Assignment shall not be unreasonably withheld, and shall be subject to the payment to Landlord of one-half of all consideration paid or to be paid or to be paid by the Assignee which exceeds the rent payable by Tenant under this Lease.
CONDITIONS TO LANDLORD'S CONSENT. If Landlord gives its consent to Tenant's Plans or to any Improvements or Subsequent Alterations, such consent shall be deemed conditioned upon (a) Tenant constructing all improvements and Subsequent Alterations in strict conformity with Tenant's Plans and all Laws (b) Tenant acquiring all necessary permits from appropriate government agencies, (c) the furnishing of copies of such permits to Landlord prior to commencement of work, and (d) the compliance by tenant with all conditions of said permits in a prompt and expeditious manner.
