Consent of Landlord. Article 11 of the Master Lease requires Tenant to notify Landlord of its intention to enter into a sublease and in some cases to obtain the prior consent of Landlord to a sublease and Section 19 of the Sublease requires Sub-Sublandlord to obtain Tenant’s consent to a sublease. Sub-Sublandlord shall notify Tenant and Landlord of Sub-Sublandlord’s intent to enter into this Sub-Sublease and make all commercially reasonable efforts to obtain Tenant’s and Landlord’s consent (if and to the extent required by the Master Lease and Sublease) thereto within thirty (30) days of the full execution of this Sub-Sublease. Sub-Subtenant acknowledges that this Sub-Sublease will be of no force and effect in the event Tenant and Landlord’s consent is required and Tenant and Landlord do not consent to this Sub-Sublease; provided, however, that in such event, if Tenant and Landlord (if applicable) do not give their consent to this Sub-Sublease for any reason whatsoever within thirty (30) days after the date hereof, then Sub-Subtenant may as its sole and exclusive remedy and Sub-Sublandlord may in its sole discretion elect to terminate this Sub-Sublease by written notice, with no liability to the other whereupon Sub-Sublandlord shall promptly return to Sub-Subtenant all monies paid and any deposits made by Sub-Subtenant to Sub-Sublandlord under this Sub-Sublease and this Sub-Sublease shall thereupon be deemed null and void and of no effect (except for those provisions expressly stated herein to survive a termination).
Appears in 2 contracts
Samples: Sub Sublease Agreement, Sub Sublease Agreement (Responsys Inc)
Consent of Landlord. Article 11 Sublandlord and Subtenant each understand, acknowledge and agree that Section 14 “Assignment and Subletting” of the Master Lease requires Tenant to notify Landlord of its intention to enter into a sublease and in some cases Sublandlord to obtain the prior written consent of Master Landlord to a sublease and Section 19 of the Sublease requires Sub-this Sublease. Sublandlord to obtain Tenantshall solicit Master Landlord’s consent to a sublease. Sub-Sublandlord shall notify Tenant and Landlord of Sub-Sublandlord’s intent to enter into this Sub-Sublease and make all commercially reasonable efforts to obtain Tenant’s and Sublease, which: (a) unless waived by both parties, must include Master Landlord’s consent (if and agreement to fund the extent required by remaining portion of the Tenant Improvement Allowance under the Master Lease in the amount of $587,643.84 directly to Subtenant pursuant to the provisions of Section 17 above or other reasonably acceptable mechanism, and Sublease(b) thereto within thirty unless waived by Subtenant, must include Master Landlord’s (30i) days approval of Subtenant’s plans for the Tenant Improvements attached hereto as Exhibit C, (ii) approval of Subtenant’s proposed architect and contractor, (iii) agreement that such Tenant Improvements do not need to be restored or removed at the end of the full Term, and that no bonds will be required, (iv) agreement that it will charge an oversight fee as described in Section 17 above rather than any amounts provided under Section 8 of the Master Lease, (v) agreement that the release and waiver of subrogation in Section 10.5 of the Master Lease applies as between Subtenant and Master Landlord, (vi) agreement to the last sentence of Section 10 above, and (vii) agreement that Master Landlord will insure and restore after a casualty (unless the Master Lease is terminated) the initial Tenant Improvements under the Master Lease, promptly following the execution and delivery of this Sub-SubleaseSublease by Sublandlord and Subtenant. Sub-Subtenant acknowledges that this Sub-Sublease will be of no force and effect in In the event Tenant and Master Landlord’s consent is required and Tenant and Landlord do not written consent to this Sub-Sublease; provided, howeverinclusive of all of the items set forth in subparts (a) and (b) (i) through (vii) above (unless waived as set forth above), that in such event, if Tenant and Landlord (if applicable) do has not give their consent to this Sub-Sublease for any reason whatsoever been obtained within thirty (30) days after the date execution hereof, then Sub-Subtenant this Sublease may as its sole and exclusive remedy and Sub-Sublandlord may in its sole discretion elect to terminate this Sub-Sublease be terminated by written notice, with no liability either party hereto upon notice to the other whereupon Sub-Sublandlord prior to receipt of such consent, and upon such termination neither party hereto shall promptly return have any further rights against or obligations to Sub-the other party hereto. Subtenant all monies paid and any deposits made by Sub-Subtenant agrees that Sublandlord’s obtaining the Master Landlord’s prior written consent to Sub-Sublandlord under this Sub-Sublease is a condition precedent to the commencement of this Sublease and this Sub-Sublease Sublandlord’s obligations hereunder. The full execution and delivery by Master Landlord, Sublandlord and Subtenant of Master Landlord’s consent form shall thereupon be deemed null the satisfaction or waiver by both parties of the items set forth in subparts (a) and void and of no effect (except for those provisions expressly stated herein to survive a termination)b) above.
Appears in 2 contracts
Samples: Consent to Sublease Agreement (Bolt Biotherapeutics, Inc.), Sublease Agreement (Bolt Biotherapeutics, Inc.)
Consent of Landlord. Article 11 of the Master Lease requires Tenant Sublandlord to notify Landlord of its intention to enter into a sublease Sublease and in some cases to obtain the prior consent of Landlord to a sublease and Section 19 of the Sublease requires Sub-Sublandlord to obtain Tenant’s consent to a subleaseSublease. Sub-Sublandlord shall notify Tenant and Landlord of Sub-Sublandlord’s intent to enter into this Sub-Sublease and make all commercially reasonable efforts to obtain Tenant’s and Landlord’s consent (if and to the extent required by the Master Lease and Sublease) thereto a recognition agreement within thirty (30) days of the full execution of this Sub-Sublease. Sub-Subtenant acknowledges that this Sub-Sublease will be of no force and effect in the event Tenant and Landlord’s consent is required and Tenant and Landlord do does not consent to this Sub-Sublease; provided, however, that in such event, if Tenant and Landlord (if applicable) do does not give their its consent to this Sub-Sublease for any reason whatsoever within thirty (30) days after the date hereof, then Sub-Subtenant each may as its sole and exclusive remedy and Sub-Sublandlord may in its sole discretion elect to terminate this Sub-Sublease by written noticenotice to Sublandlord, with no liability to the other whereupon Sub-Sublandlord shall promptly return to Sub-Subtenant all monies paid and any deposits made by Sub-Subtenant to Sub-Sublandlord under this Sub-Sublease and this Sub-Sublease shall thereupon be deemed null and void and of no effect (except for those provisions expressly stated herein to survive a termination).
Appears in 1 contract
Samples: Sublease Agreement (Responsys Inc)