Consent of Landlord. Notwithstanding the provisions of Section 5A.1 above, but subject to the provisions of this Section 5A.4 and the provisions of Sections 5A.5, 5A.6 and 5A.7 below, in the event that Landlord shall not have exercised the termination right as set forth in Section 5A.3, or shall have failed to give any or timely notice under Section 5A.3, then for a period of one hundred eighty (180) days (i) after the receipt of Landlord’s notice stating that Landlord does not elect the termination right, or (ii) after the expiration of the Acceptance Period, in the event Landlord shall not give any or timely notice under Section 5A.3 as the case may be, Tenant shall have the right to assign this Lease or sublet the Premises 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 or delayed. It is understood and agreed that Landlord’s consent shall be deemed given hereunder if Landlord shall fail to respond to a Proposed Transfer Notice meeting the requirements of Section 5A.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 assignment or subleasing if:
Appears in 2 contracts
Samples: Lease (Care.com Inc), Lease (Care.com Inc)
Consent of Landlord. (A) Notwithstanding the provisions of Section 5A.1 12.1 above, but subject to the provisions of this Section 5A.4 12.4 and the provisions of Sections 5A.512.5, 5A.6 12.6 and 5A.7 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 5A.312.3, or shall have failed to give any or timely notice under Section 5A.312.3, then for a period of one three hundred eighty sixty-five (180365) days (i) after the receipt of Landlord’s notice stating that Landlord does not elect the termination right, (ii) after receipt of the 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 5A.3 12.3 as the case may be, Tenant shall have the right to assign this Lease or sublet the Premises 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 or delayed. It is understood and agreed that Landlord’s consent shall be deemed given hereunder if Landlord shall fail to respond to a Proposed Transfer Notice meeting the requirements of Section 5A.5 12.5 below within ten (10) business days after receipt thereof from Tenant. Without limiting ; provided that such Proposed Transfer Notice, in bold 14 point type, advises Landlord of the foregoing standardfact that if Landlord fails to respond within the ten (10) business day period, Landlord shall not be deemed to be unreasonably withholding its consent have consented to such a the proposed sublease or assignment or subleasing if:in question, in accordance with this Section 12.4.
Appears in 1 contract
Samples: Boston, Massachusetts (Rapid7, Inc.)
Consent of Landlord. Notwithstanding the provisions of Section 5A.1 12.1 above, but subject to the provisions of this Section 5A.4 12.4 and the provisions of Sections 5A.512.5, 5A.6 12.6 and 5A.7 12.7 below, in the event that Landlord shall not have exercised the termination right as set forth in Section 5A.312.3, or shall have failed to give any or timely notice under Section 5A.312.3, then for a period of one hundred eighty (180) days (i) after the receipt of Landlord’s notice stating that Landlord does not elect the termination right, or (ii) after the expiration of the Acceptance Period, in the event Landlord shall not give any or timely notice under Section 5A.3 12.3 as the case may be, Tenant shall have the right to assign this Lease or sublet the Premises 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 or delayed. It is understood and agreed that LandlordXxxxxxxx’s consent shall be deemed given hereunder if Landlord shall fail to respond to a Proposed Transfer Notice meeting the requirements of Section 5A.5 12.5 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 assignment or subleasing if:
Appears in 1 contract
Samples: Agreement (A123 Systems, Inc.)
Consent of Landlord. (A) Notwithstanding the provisions of Section 5A.1 12.1 above, but subject to the provisions of this Section 5A.4 12.4 and the provisions of Sections 5A.512.5, 5A.6 12.6 and 5A.7 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 5A.312.3, or shall have failed to give any or timely notice under Section 5A.312.3, then for a period of one three hundred eighty sixty-five (180365) days after (i) after the receipt of Landlord’s notice stating that Landlord does not elect the termination right, or (ii) after receipt of the 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 (iii) the expiration of the Acceptance Period, in the event Landlord shall not give any or timely notice under Section 5A.3 12.3, as the case may be, Tenant shall have the right to assign this Lease or sublet the Premises 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 or delayed. It is understood and agreed that Landlord’s consent shall be deemed given hereunder if Landlord shall fail to respond to a Proposed Transfer Notice meeting the requirements of Section 5A.5 12.5 below within ten (10) business days after receipt thereof from Tenant. Without limiting ; provided that such Proposed Transfer Notice, in bold 14 point type, advises Landlord of the foregoing standardfact that if Landlord fails to respond within the ten (10) business day period, Landlord shall not be deemed to be unreasonably withholding its consent have consented to such a the proposed sublease or assignment or subleasing if:in question, in accordance with this Section 12.4.
Appears in 1 contract
Samples: Agreement (Rapid7, Inc.)
Consent of Landlord. Notwithstanding the provisions of Section 5A.1 12.1 above, but subject to the provisions of this Section 5A.4 12.4 and the provisions of Sections 5A.512.5, 5A.6 12.6 and 5A.7 12.7 below, in the event that Landlord shall not have exercised the termination right as set forth in Section 5A.312.3, or shall have failed to give any or timely notice under Section 5A.312.3, then for a period of one hundred eighty (180) days (i) after the receipt of Landlord’s notice stating that Landlord does not elect the termination right, or (ii) after the expiration of the Acceptance Period, in the event Landlord shall not give any or timely notice under Section 5A.3 12.3 as the case may be, Tenant shall have the right to assign this Lease or sublet the Premises 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 or delayed. It is understood and agreed that Landlord’s consent shall be deemed given hereunder if Landlord shall fail to respond to a Proposed Transfer Notice meeting the requirements of Section 5A.5 12.5 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 assignment or subleasing if:
Appears in 1 contract
Samples: Agreement (Constant Contact, Inc.)
Consent of Landlord. Notwithstanding the provisions of Section 5A.1 12.1 above, but subject to the provisions of this Section 5A.4 12.4 and the provisions of Sections 5A.512.5, 5A.6 12.6 and 5A.7 12.7 below, in the event that Landlord shall not have exercised the termination right as set forth in Section 5A.312.3, or shall have failed to give any or timely notice under Section 5A.312.3, then for a period of one hundred eighty (180) days (i) after the receipt of Landlord’s notice stating that Landlord does not elect the termination right, or (ii) after the expiration of the Acceptance PeriodPeriod referred to in Section 12.3, in the event Landlord shall not give any or -55- timely notice under Section 5A.3 as the case may be12.3, Tenant shall have the right to assign this Lease or sublet the whole or any part of the Premises 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 withheld, delayed or delayedconditioned. It is understood and agreed Xxxxxxxx agrees that Landlord’s consent shall be deemed given hereunder if Landlord shall fail to it will respond to any request for its consent to a Proposed Transfer Notice meeting the requirements of Section 5A.5 below proposed sublease or assignment within ten (10) business days after receipt thereof from TenantLandlord receives such request together with all information reasonably required by Landlord to determine whether to grant such consent (see Article 12.4A). Without limiting the foregoing standard, Landlord shall not be deemed to be unreasonably withholding its consent to such a proposed assignment or subleasing if:
Appears in 1 contract
Samples: Havas