Consent by Landlord. Wherever in this Lease Landlord agrees not to unreasonably withhold its consent or approval, or words of like import, Tenant agrees that it shall not be unreasonable for Landlord to withhold such consent or approval (i) if by granting such consent or approval Landlord shall be in violation of any Mortgage, or (ii) any Mortgagee shall not give its consent or approval thereto where its consent or approval is required by the terms of its Mortgage. Anything herein contained to the contrary notwithstanding, any consent or approval given by Landlord hereunder this Lease with respect to any act or matter to which a Mortgagee is entitled by the terms of its Mortgage to consent or approve shall be of no force or effect, and shall be deemed to have been withheld, unless accompanied by the written consent or approval of such Mortgagee. In the event that a claim or adjudication is made that Landlord has acted unreasonably or unreasonably delayed acting in any case where by law or under this Lease it has an obligation to act reasonably or promptly, Landlord shall not be liable for any monetary damages and Tenant's remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 3 contracts
Samples: Lease (Aviation Sales Co), Lease (Kellstrom Industries Inc), Lease (Timco Aviation Services Inc)
Consent by Landlord. Wherever in this Lease Landlord agrees not to unreasonably withhold its consent or approval, or words of like import, Tenant agrees that it shall not be unreasonable for Landlord to withhold such consent or approval (i) if by granting such consent or approval Landlord shall be in violation of the Superior Lease or any Mortgage, or (ii) any Mortgagee shall not give its consent or approval thereto where its consent or approval is required by the terms of its Mortgage. Anything herein contained to the contrary notwithstanding, any consent or approval given by Landlord hereunder this Lease with respect to any act or matter to which a Mortgagee is entitled by the terms of its Mortgage to consent or approve shall be of no force or effect, and shall be deemed to have been withheld, unless accompanied by the written consent or approval of such Mortgagee. In the event that a claim or adjudication is made that Landlord has acted unreasonably or unreasonably delayed acting in any case where by law or under this Lease it has an obligation to act reasonably or promptly, Landlord shall not be liable for any monetary damages and Tenant's remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 2 contracts
Samples: Lease (Aviation Sales Co), Lease Agreement (Kellstrom Industries Inc)
Consent by Landlord. Wherever in this Lease Landlord agrees not Landlord’s consent to unreasonably withhold its consent any transfer or approval, or words of like import, Tenant agrees that it assignment shall not be unreasonable for Landlord deemed or construed to withhold such consent modify, amend or approval (i) if by granting such consent or approval Landlord shall be in violation affect the terms and provisions of any Mortgagethis Lease, or (ii) any Mortgagee Tenant’s obligations hereunder, which shall not give its consent or approval thereto where its consent or approval is required by the terms of its Mortgage. Anything herein contained continue to apply to the contrary notwithstandingoccupants thereof, as if the sublease or assignment had not been made. Notwithstanding any consent assignment or approval given by Landlord hereunder sublease, Tenant shall remain fully liable for the payment of Rent and Additional Rent and for the other obligations of this Lease with respect on the part of Tenant to any act be performed or matter to which a Mortgagee is entitled by the terms of its Mortgage to consent or approve shall be of no force or effect, and shall be deemed to have been withheld, unless accompanied by the written consent or approval of such Mortgageeobserved. In the event that Tenant defaults in the payment of any Rent, or Additional Rent, Landlord is authorized to collect any rents due or accruing from any assignee, subtenant or other occupant of the Premises, and the receipt of any such amounts by Landlord from an assignee or subtenant, or other occupant of any part of the Premises, shall not be deemed or construed as releasing Tenant from Tenant’s obligations hereunder or the acceptance of that party as a claim or adjudication is made that direct Tenant. Approval by Landlord has acted unreasonably or unreasonably delayed acting to any sublease shall not be in any case where way be construed to relieve the Tenant from obtaining further approval for any subsequent sublease. The acceptance by law Landlord of the payment of Rent or under Additional Rent following any assignment or other transfer prohibited by this Lease it has an obligation Article 12 shall not be deemed to act reasonably be a consent by Landlord to any such assignment or promptlyother transfer nor shall the same be deemed to be a waiver of any right or remedy of Landlord hereunder. As used in this Lease, reference to subtenant, subtenant or subtenant or subtenant of Landlord shall not be liable for construed to mean that Landlord has granted its consent to Tenant to sublet any monetary damages and Tenant's remedies portion of the Premises. Any subletting of the Premises shall be limited subject to injunctive relief or declaratory judgmentLandlord’s consent in accordance with the provisions of this Section 12.3.
Appears in 2 contracts
Samples: General Aviation Facility Lease, Airport Convenience and Filling Center Lease
Consent by Landlord. Wherever in this Lease Landlord agrees not to unreasonably withhold its consent or approvalapproval unreasonably, or words of like import, Tenant agrees that it shall not be unreasonable for Landlord to withhold such consent or approval (i) if if, by granting such consent or approval approval, Landlord shall be in violation of any Mortgage, or (ii) any Mortgagee shall not give its consent or approval thereto where its consent or approval is required by the terms of its Mortgage. Anything herein contained to the contrary notwithstanding, any consent or approval given by Landlord hereunder this Lease with respect to any act or matter to which a Mortgagee is entitled by the terms of its Mortgage to consent or approve shall be of no force or effect, and shall be deemed to have been withheld, unless accompanied by the written consent or approval of such Mortgagee. In the event that a claim or adjudication is made that Landlord has acted unreasonably unreasonably, or unreasonably delayed acting in any case where by law or under this Lease it has an obligation to act reasonably or promptly, Landlord shall not be liable for any monetary damages damages, and Tenant's ’s remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 1 contract
Samples: Agreement to Sell, Purchase and Lease (First National Bancshares Inc /Sc/)
Consent by Landlord. Wherever in this Lease Landlord agrees not to unreasonably withhold its consent or approvalapproval unreasonably, or words of like import, Tenant agrees that it shall not be unreasonable for Landlord to withhold such consent or approval (i) if if, by granting such consent or approval approval, Landlord shall be in violation of any Mortgage, or (ii) any Mortgagee shall not give its consent or approval thereto where its consent or approval is required by the terms of its Mortgage. Anything herein contained to the contrary notwithstanding, any consent or approval given by Landlord hereunder this Lease with respect to any act or matter to which a Mortgagee is entitled by the terms of its Mortgage to consent or approve shall be of no force or effect, and shall be deemed to have been withheld, unless accompanied by the written consent or approval of such Mortgagee. In the event that a claim or adjudication is made that Landlord has acted unreasonably unreasonably, or unreasonably delayed acting in any case where by law or under this Lease it has an obligation to act reasonably or promptly, Landlord shall not be liable for any monetary damages damages, and Tenant's remedies shall be limited to injunctive relief or declaratory judgment.
Appears in 1 contract
Samples: Lease Agreement (First National Bancshares Inc /Sc/)