Common use of Consent of Landlord Clause in Contracts

Consent of Landlord. Notwithstanding the provisions of Section 12.1 above, but subject to the provisions of this Section 12.4 and the provisions of Sections 12.6 and 12.7 below, in the event that Landlord shall not have exercised the termination right as set forth in Section 12.3, or shall have failed to give timely notice under Section 12.3, then for a period of one hundred eighty (180) days (i) after the receipt of Landlord’s notice, if any, stating that Landlord does not elect the termination right or Landlord’s deemed waiver of such termination right, or (ii) after the expiration of the Acceptance Period, in the event Landlord shall not give timely notice under Section 12.3 as the case may be, Tenant shall have the right to assign this Lease or sublet the portion of the Premises described in the Proposed Transfer Notice in accordance with the Proposed Transfer Notice provided that, in each instance, Tenant first obtains the express prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. If Landlord shall fail to respond to Xxxxxx’s request for such consent within fifteen (15) business days, Tenant may re-send such request for consent to Landlord via registered or certified mail, return receipt requested, or recognized overnight delivery service, with the following statement in bold at the beginning of such request, “WARNING: POSSIBLE DEEMED APPROVAL NOTICE. Failure to respond to this request within five (5) business days may lead to deemed approval of such request”. Should Landlord fail to respond to such second request within five (5) business days after receipt thereof, Xxxxxxxx’s consent shall be deemed given hereunder. Anything in this Lease to the contrary notwithstanding, the time periods for the exercise of Landlord’s termination right pursuant to Section 12.3 and the time periods with respect to Xxxxxxxx’s consent right pursuant to Section 12.4 hereof shall run concurrently and not consecutively. Without limiting the foregoing standard, Landlord shall not be deemed to be unreasonably withholding its consent to such a proposed Transfer requiring Landlord’s consent if:

Consent of Landlord. Notwithstanding the provisions of Section 12.1 5A.1 above, but subject to the provisions of this Section 12.4 5A.4 and the provisions of Sections 12.6 5A.5, 5A.6 and 12.7 5A.7 below, in the event that Landlord shall not have exercised the termination right as set forth in Section 12.35A.3, or shall have failed to give any or timely notice under Section 12.35A.3, then for a period of one hundred eighty (180) days (i) after the receipt of Landlord’s notice, if any, notice stating that Landlord does not elect the termination right or Landlord’s deemed waiver of such termination right, or (ii) after the expiration of the Acceptance Period, in the event Landlord shall not give any or timely notice under Section 12.3 5A.3 as the case may be, Tenant shall have the right to assign this Lease or sublet the portion of the Premises described in the Proposed Transfer Notice in accordance with the Proposed Transfer Notice provided that, in each instance, Tenant first obtains the express prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned withheld or delayed. If It is understood and agreed that Landlord’s consent shall be deemed given hereunder if Landlord shall fail to respond to Xxxxxx’s request for such consent a Proposed Transfer Notice meeting the requirements of Section 5A.5 below within fifteen ten (15) business days, Tenant may re-send such request for consent to Landlord via registered or certified mail, return receipt requested, or recognized overnight delivery service, with the following statement in bold at the beginning of such request, “WARNING: POSSIBLE DEEMED APPROVAL NOTICE. Failure to respond to this request within five (5) business days may lead to deemed approval of such request”. Should Landlord fail to respond to such second request within five (510) business days after receipt thereof, Xxxxxxxx’s consent shall be deemed given hereunder. Anything in this Lease to the contrary notwithstanding, the time periods for the exercise of Landlord’s termination right pursuant to Section 12.3 and the time periods with respect to Xxxxxxxx’s consent right pursuant to Section 12.4 hereof shall run concurrently and not consecutivelythereof from Tenant. Without limiting the foregoing standard, Landlord shall not be deemed to be unreasonably withholding its consent to such a proposed Transfer requiring Landlord’s consent assignment or subleasing if:

Consent of Landlord. (A) Notwithstanding the provisions of Section 12.1 above, but subject to the provisions of this Section 12.4 and the provisions of Sections 12.5, 12.6 and 12.7 below, in the event that Landlord shall not have exercised the termination right or had the right to exercise its termination right as set forth in Section 12.3, or shall have failed to give any or timely notice under Section 12.3, then for a period of one three hundred eighty sixty-five (180365) days (i) after the receipt of Landlord’s notice, if any, notice stating that Landlord does not elect the termination right or Landlord’s deemed waiver right, (ii) after receipt of such termination rightthe Proposed Transfer Notice (as hereinafter defined) if Tenant shall not have been required to provide Landlord with a Recapture Offer under Section 12.3, or (iiiii) after the expiration of the Acceptance Period, in the event Landlord shall not give any or timely notice under Section 12.3 as the case may be, Tenant shall have the right to assign this Lease or sublet the portion of the Premises described in the Proposed Transfer Notice or portions thereof in accordance with the Proposed Transfer Notice Notice, provided that, in each instance, Tenant first obtains the express prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned withheld or delayed. If It is understood and agreed that Landlord’s consent shall be deemed given hereunder if Landlord shall fail to respond to Xxxxxx’s request for such consent a Proposed Transfer Notice meeting the requirements of Section 12.5 below within fifteen ten (15) business days, Tenant may re-send such request for consent to Landlord via registered or certified mail, return receipt requested, or recognized overnight delivery service, with the following statement in bold at the beginning of such request, “WARNING: POSSIBLE DEEMED APPROVAL NOTICE. Failure to respond to this request within five (5) business days may lead to deemed approval of such request”. Should Landlord fail to respond to such second request within five (510) business days after receipt thereofthereof from Tenant; provided that such Proposed Transfer Notice, Xxxxxxxx’s consent in bold 14 point type, advises Landlord of the fact that if Landlord fails to respond within the ten (10) business day period, Landlord shall be deemed given hereunder. Anything in this Lease to have consented to the contrary notwithstandingproposed sublease or assignment in question, the time periods for the exercise of Landlord’s termination right pursuant to in accordance with this Section 12.3 and the time periods with respect to Xxxxxxxx’s consent right pursuant to Section 12.4 hereof shall run concurrently and not consecutively. Without limiting the foregoing standard, Landlord shall not be deemed to be unreasonably withholding its consent to such a proposed Transfer requiring Landlord’s consent if:12.4.

Consent of Landlord. (A) Notwithstanding the provisions of Section 12.1 above, but subject to the provisions of this Section 12.4 and the provisions of Sections 12.5, 12.6 and 12.7 below, in the event that Landlord shall not have exercised the termination right or had the right to exercise its termination right as set forth in Section 12.3, or shall have failed to give any or timely notice under Section 12.3, then for a period of one three hundred eighty sixty-five (180365) days after (i) after the receipt of Landlord’s notice, if any, notice stating that Landlord does not elect the termination right or Landlord’s deemed waiver right, (ii) receipt of such termination rightthe Proposed Transfer Notice (as hereinafter defined) if Tenant shall not have been required to provide Landlord with a Recapture Offer under Section 12.3, or (iiiii) after the expiration of the Acceptance Period, in the event Landlord shall not give any or timely notice under Section 12.3 12.3, as the case may be, Tenant shall have the right to assign this Lease or sublet the portion of the Premises described in the Proposed Transfer Notice or portions thereof in accordance with the Proposed Transfer Notice Notice, provided that, in each instance, Tenant first obtains the express prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned withheld or delayed. If It is understood and agreed that Landlord’s consent shall be deemed given hereunder if Landlord shall fail to respond to Xxxxxx’s request for such consent a Proposed Transfer Notice meeting the requirements of Section 12.5 below within fifteen ten (15) business days, Tenant may re-send such request for consent to Landlord via registered or certified mail, return receipt requested, or recognized overnight delivery service, with the following statement in bold at the beginning of such request, “WARNING: POSSIBLE DEEMED APPROVAL NOTICE. Failure to respond to this request within five (5) business days may lead to deemed approval of such request”. Should Landlord fail to respond to such second request within five (510) business days after receipt thereofthereof from Tenant; provided that such Proposed Transfer Notice, Xxxxxxxx’s consent in bold 14 point type, advises Landlord of the fact that if Landlord fails to respond within the ten (10) business day period, Landlord shall be deemed given hereunder. Anything in this Lease to have consented to the contrary notwithstandingproposed sublease or assignment in question, the time periods for the exercise of Landlord’s termination right pursuant to in accordance with this Section 12.3 and the time periods with respect to Xxxxxxxx’s consent right pursuant to Section 12.4 hereof shall run concurrently and not consecutively. Without limiting the foregoing standard, Landlord shall not be deemed to be unreasonably withholding its consent to such a proposed Transfer requiring Landlord’s consent if:12.4.

Consent of Landlord. Notwithstanding the provisions of Section 12.1 above, but subject to the provisions of this Section 12.4 and the provisions of Sections 12.5, 12.6 and 12.7 below, in the event that Landlord shall not have exercised the termination right as set forth in Section 12.3, or shall have failed to give any or timely notice under Section 12.3, then for a period of one hundred eighty (180) days (i) after the receipt of Landlord’s notice, if any, notice stating that Landlord does not elect the termination right or Landlord’s deemed waiver of such termination right, or (ii) after the expiration of the Acceptance Period, in the event Landlord shall not give any or timely notice under Section 12.3 as the case may be, Tenant shall have the right to assign this Lease or sublet the portion of the Premises described in the Proposed Transfer Notice in accordance with the Proposed Transfer Notice provided that, in each instance, Tenant first obtains the express prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned withheld or delayed. If It is understood and agreed that Landlord’s consent shall be deemed given hereunder if Landlord shall fail to respond to Xxxxxx’s request for such consent a Proposed Transfer Notice meeting the requirements of Section 12.5 below within fifteen ten (15) business days, Tenant may re-send such request for consent to Landlord via registered or certified mail, return receipt requested, or recognized overnight delivery service, with the following statement in bold at the beginning of such request, “WARNING: POSSIBLE DEEMED APPROVAL NOTICE. Failure to respond to this request within five (5) business days may lead to deemed approval of such request”. Should Landlord fail to respond to such second request within five (510) business days after receipt thereof, Xxxxxxxx’s consent shall be deemed given hereunder. Anything in this Lease to the contrary notwithstanding, the time periods for the exercise of Landlord’s termination right pursuant to Section 12.3 and the time periods with respect to Xxxxxxxx’s consent right pursuant to Section 12.4 hereof shall run concurrently and not consecutivelythereof from Tenant. Without limiting the foregoing standard, Landlord shall not be deemed to be unreasonably withholding its consent to such a proposed Transfer requiring Landlord’s consent assignment or subleasing if:

Consent of Landlord. Notwithstanding the provisions of Section 12.1 above, but subject to the provisions of this Section 12.4 and the provisions of Sections 12.5, 12.6 and 12.7 below, in the event that Landlord shall not have exercised the termination right as set forth in Section 12.3, or shall have failed to give any or timely notice under Section 12.3, then for a period of one hundred eighty (180) days (i) after the receipt of Landlord’s notice, if any, notice stating that Landlord does not elect the termination right or Landlord’s deemed waiver of such termination right, or (ii) after the expiration of the Acceptance Period, in the event Landlord shall not give any or timely notice under Section 12.3 as the case may be, Tenant shall have the right to assign this Lease or sublet the portion of the Premises described in the Proposed Transfer Notice in accordance with the Proposed Transfer Notice provided that, in each instance, Tenant first obtains the express prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned withheld or delayed. If Landlord shall fail to respond to Xxxxxx’s request for such consent within fifteen (15) business days, Tenant may re-send such request for consent to Landlord via registered or certified mail, return receipt requested, or recognized overnight delivery service, with the following statement in bold at the beginning of such request, “WARNING: POSSIBLE DEEMED APPROVAL NOTICE. Failure to respond to this request within five (5) business days may lead to deemed approval of such request”. Should Landlord fail to respond to such second request within five (5) business days after receipt thereof, It is understood and agreed that Xxxxxxxx’s consent shall be deemed given hereunder. Anything in this Lease hereunder if Landlord shall fail to respond to a Proposed Transfer Notice meeting the contrary notwithstanding, the time periods for the exercise requirements of Landlord’s termination right pursuant to Section 12.3 and the time periods with respect to Xxxxxxxx’s consent right pursuant to Section 12.4 hereof shall run concurrently and not consecutively12.5 below within ten (10) business days after receipt thereof from Tenant. Without limiting the foregoing standard, Landlord shall not be deemed to be unreasonably withholding its consent to such a proposed Transfer requiring Landlord’s consent assignment or subleasing if:

Consent of Landlord. Notwithstanding the provisions of Section 12.1 above, but subject to the provisions of this Section 12.4 and the provisions of Sections 12.5, 12.6 and 12.7 below, in the event that Landlord shall not have exercised the termination right as set forth in Section 12.3, or shall have failed to give any or timely notice under Section 12.3, then for a period of one hundred eighty (180) days (i) after the receipt of Landlord’s notice, if any, notice stating that Landlord does not elect the termination right or Landlord’s deemed waiver of such termination right, or (ii) after the expiration of the Acceptance PeriodPeriod referred to in Section 12.3, in the event Landlord shall not give -55- timely notice under Section 12.3 as the case may be12.3, Tenant shall have the right to assign this Lease or sublet the portion whole or any part of the Premises described in the Proposed Transfer Notice in accordance with the Proposed Transfer Notice Tenant’s notice to Landlord given as provided in Section 12.5 (except for changes therefrom that are immaterial to Landlord) provided that, in each instance, Tenant first obtains the express prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned delayed or delayedconditioned. If Landlord shall fail to Xxxxxxxx agrees that it will respond to Xxxxxx’s any request for such consent within fifteen (15) business days, Tenant may re-send such request for its consent to Landlord via registered a proposed sublease or certified mail, return receipt requested, or recognized overnight delivery service, with the following statement in bold at the beginning of such request, “WARNING: POSSIBLE DEEMED APPROVAL NOTICE. Failure to respond to this request assignment within five ten (5) business days may lead to deemed approval of such request”. Should Landlord fail to respond to such second request within five (510) business days after receipt thereof, Xxxxxxxx’s Landlord receives such request together with all information reasonably required by Landlord to determine whether to grant such consent shall be deemed given hereunder. Anything in this Lease to the contrary notwithstanding, the time periods for the exercise of Landlord’s termination right pursuant to Section 12.3 and the time periods with respect to Xxxxxxxx’s consent right pursuant to Section 12.4 hereof shall run concurrently and not consecutively(see Article 12.4A). Without limiting the foregoing standard, Landlord shall not be deemed to be unreasonably withholding its consent to such a proposed Transfer requiring Landlord’s consent assignment or subleasing if: