CONSENT OF OVERLANDLORD Sample Clauses

CONSENT OF OVERLANDLORD. 11.1 This Sublease is conditioned upon the consent thereto by Overlandlord which consent shall be evidenced by Overlandlord's signature appended hereto, or a separate consent in the form utilized by Overlandlord for such purposes. Sublandlord shall use commercially reasonable efforts to obtain such consent. Subtenant shall be solely responsible for any fees or charges imposed by the Overlandlord in connection with the obtaining of such consent; provided, however, that such fees and charges shall not exceed [***] and shall be as documented by Overlandlord pursuant to Article 14.1 of the Xxxxxxxxx. Provided Overlandlord's consent does not materially affect the terms of this Sublease, Subtenant shall promptly, after reasonable review, execute any documents requested by Overlandlord in order to obtain Overlandlord's approval. 11.2 Sublandlord makes no representation with respect to obtaining Overlandlord's approval of this Sublease and, in the event that Overlandlord notifies Sublandlord that Overlandlord will not give such approval, Sublandlord will so notify Subtenant and, upon receipt of such notification by Sublandlord of the disapproval by Overlandlord, this Sublease shall be deemed to be null and void and without force or effect, and Sublandlord and Subtenant shall have no further obligations or liabilities to the other with respect to this Sublease, except that Sublandlord shall immediately return to Subtenant any Prepaid Rent, Security Deposit, Letter of Credit, the Purchase Price for the Furniture and any other amounts paid by Subtenant to Sublandlord in connection with this Sublease, so long as the Premises and the Furniture are in the same condition as when delivered to Subtenant. 11.3 Except as otherwise specifically provided herein, wherever in this Sublease Subtenant is required to obtain Sublandlord's consent or approval, Subtenant understands that Sublandlord may be required to first obtain the consent or approval of Overlandlord. Sublandlord agrees to use commercially reasonable efforts to obtain Overlandlord's consent. However, if Overlandlord should refuse such consent or approval, Sublandlord shall be released of any obligation to grant its consent or approval whether or not Overlandlord's refusal, in Subtenant's opinion, is arbitrary or unreasonable.
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CONSENT OF OVERLANDLORD. This Sublease shall be and become effective only when it is approved and consented to by Overlandlord, as evidenced by its execution of the Consent to Sublease hereinbelow attached or such other form as may provided by Overlandlord. Sublessor agrees to use all reasonable efforts to obtain such approval and consent from Overlandlord as soon hereafter as is practicable, but will not be liable to Sublessee if Overlandlord fails to consent, in which case this Sublease shall be null and void.
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CONSENT OF OVERLANDLORD. ATRIUM BUILDING LLC, as Overlandlord under the Xxxxxxxxx, hereby executes this Sublease for the purpose of consenting to the Sublease to Subtenant pursuant to this Sublease, provided such consent shall not release Sublandlord from its liability as Tenant under the Xxxxxxxxx nor waive the necessity for obtaining the consent of Overlandlord to any further subletting or assignment of the Xxxxxxxxx as and to the extent required by the Xxxxxxxxx.
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CONSENT OF OVERLANDLORD. Sublandlord shall use its reasonable efforts to obtain from Overlandlord written consent hereto (an "Amendment Consent"). This Second Amendment shall have no effect unless and until Overlandlord shall have delivered an executed Amendment Consent in accordance with the terms of the Xxxxxxxxx and any conditions precedent with respect thereto have been satisfied or waived. If Overlandlord refuses to consent to this Second Amendment, this Second Amendment shall be deemed null and void and of no effect.
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CONSENT OF OVERLANDLORD. (a) Notwithstanding anything to the contrary set forth herein, this Sublease shall be of no effect unless and until Overlandlord shall have consented to this Sublease in accordance with the provisions of Paragraph 11 of the Lease Agreement (the "Consent"). Sublessee shall promptly furnish such references, financial and other information with respect to Sublessee and Sublessee's principals as Overlandlord or Sublessor shall reasonably request. (b) Sublessor shall not be obligated to obtain the Consent, or to take any action to obtain the Consent, other than to apply to Overlandlord for it. If, for any reason whatsoever, Overlandlord shall fail to deliver the Consent within twenty (20) days of the complete execution and delivery of this Sublease, then either of the parties hereto may terminate this Sublease on ten (10) days' written notice given after the expiration of such twenty (20) day period, but before the Consent has been delivered, and the parties shall be released from all further obligations and liabilities hereunder. All amounts theretofore paid by Sublessee on account of this Sublease, including, without limitation, the Security (as hereinafter defined), shall be promptly returned to Sublessee.
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CONSENT OF OVERLANDLORD. Whenever in this Sublease the Sublessee is required to obtain the consent of Sublessor, Sublessee shall also be required to obtain the consent of Overlandlord. Whenever the consent of Landlord is required to be secured from Landlord by Tenant, as set forth in the Master Lease, Sublessee shall be required to obtain the consent of both Sublessor and Overlandlord. Overlandlord may extend or withhold its consent to any action contemplated under the Master Lease in accordance with the terms and conditions therein. If such consent to be obtained is set forth in this Sublease, but not in the Master Lease, the consent of Overlandlord shall not be unreasonably withheld.
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CONSENT OF OVERLANDLORD. Notwithstanding anything to the contrary herein set forth, this Sublease shall not become effective unless and until Sublandlord has obtained from Overlandlord written consent (the "Consent") to this subletting. Sublandlord agrees to request the Consent promptly upon the execution of this Sublease and shall forward to Tenant a copy of the same promptly upon its receipt by Sublandlord. If the Consent is not obtained from Overlandlord within thirty (30) days, this Sublease shall become null and void and be of no further force or effect.
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CONSENT OF OVERLANDLORD. 28.1 This Agreement shall not become effective unless and until Overland consents hereto and Landlord shall use reasonable, diligent efforts to obtain Overlandlord's consent; provided, however, that any such consent shall be deemed retroactive to the date hereof and that as between Landlord and Tenant this Agreement shall govern their respective rights and obligations for any period during which Tenant remains in possession of the Premises.
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Related to CONSENT OF OVERLANDLORD

  • Consent of Landlord Tenant shall not assign this Lease, or sublet the Leased Premises, or any part thereof, without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, Tenant shall have the right to sublet up to fifty percent (50%) of the total rentable square feet contained within the Leased Premises without the necessity of obtaining Landlord's prior consent and without releasing the Tenant from liability under this Lease. Prior to any sublease or assignment, Tenant shall first notify Landlord in writing of its election to sublease all or a portion of the Leased Premises or to assign this Lease or any interest hereunder, and shall provide Landlord current financial information and other information requested by Landlord regarding the proposed assignee or subtenant. At any time within fifteen (15) days after service of said notice and delivery of such information, Landlord shall notify Tenant that it consents or refuses to consent to the sublease or assignment. Landlord shall not have the right to recapture any sublease or assignment space. Any denial of such sublease or assignment by Landlord as hereinabove provided must be predicated upon a "commercially reasonable basis" for such denial. Tenant shall retain any profits paid in connection with a sublease or assignment in excess of Tenant's Base Rent obligations hereunder, which profits shall be calculated after deducting all costs incurred by Tenant in connection with the space subject to the transfer, which shall include, but not be limited to, tenant improvements, leasing commissions and the time to sublease and remodel the Leased Premises. Any assignment or subletting shall not release Tenant of its liability under this Lease nor permit any subsequent assignment, subletting or other prohibited act, unless specifically provided in such consent. Within thirty (30) days of any assignment or subletting, Tenant shall provide to Landlord executed copies of all assignment or subleasing documents.

  • Construction of Lease This Lease has been prepared by Landlord and its professional advisors and reviewed by Tenant and its professional advisors. Landlord, Tenant, and their advisors believe that this Lease is the product of all their efforts, that it expresses their agreement, and agree that it shall not be interpreted in favor of either Landlord or Tenant or against either Landlord or Tenant merely because of their efforts in preparing it.

  • Landlord Agreements Each Credit Party shall use commercially reasonable efforts to obtain a landlord agreement or bailee or mortgagee waivers, as applicable, from the lessor of each leased property, bailee in possession of any Collateral or mortgagee of any owned property with respect to each location where any Collateral is stored or located, which agreement shall be reasonably satisfactory in form and substance to Agent.

  • Consent of Inbound Licensors Prior to entering into or becoming bound by any material inbound license or agreement, Borrower shall: (i) provide written notice to Bank of the material terms of such license or agreement with a description of its likely impact on Borrower’s business or financial condition; and (ii) in good faith use commercially reasonable efforts to obtain the consent of, or waiver by, any person whose consent or waiver is necessary for Borrower’s interest in such licenses or contract rights to be deemed Collateral and for Bank to have a security interest in it that might otherwise be restricted by the terms of the applicable license or agreement, whether now existing or entered into in the future, provided, however, that the failure to obtain any such consent or waiver shall not constitute a default under this Agreement.

  • Landlord’s Consent to Alterations Tenant may not make any improvements, alterations, additions or changes to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) days prior to the commencement thereof, and which consent shall not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, Landlord may withhold its consent in its sole and absolute discretion with respect to any Alterations which may adversely affect the structural components of the Building or the Systems and Equipment in more than a de minimis manner (e.g., the mere tying into Systems shall not be subject to the sole discretion standard) or which can be seen from outside the Building. Tenant shall pay (i) for Alterations performed by Tenant, Landlord’s reasonable third-party costs incurred in connection with reviewing such Alterations, and (ii) for Alterations for which Tenant has engaged Landlord to supervise and Landlord’s contractors to perform, a supervision fee of two and one-half percent (2.5%) of the total cost of such Alteration (for the avoidance of doubt, the foregoing supervisory fee shall not be due or payable in connection with the Tenant Improvements and the Vivarium improvements and no supervisory fee shall be due or payable in connection with any capital improvements performed by Landlord). Notwithstanding the foregoing, no Landlord approval shall be required (provided advance notice shall be provided to Landlord) for (a) installation, removal or realignment of furniture systems not involving any modifications to the structure or connections (other than by ordinary plugs or jacks) to the Systems, (b) Alterations which could not reasonably be expected to affect the structural components of the Building or the Systems and Equipment and which cost less than $150,000 for any one (1) job and no more than $300,000 in the aggregate in any calendar year during the Lease Term (excluding any costs for painting, carpeting, and similar purely cosmetic work), (c) Alterations which do not require a building permit, and (d) merely cosmetic work (such as painting and carpeting). The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 8.

  • Landlord Waivers With respect to any real property leased by the Company or any Loan Party, where requested by the Administrative Agent, the Company and each Loan Party shall use commercially reasonable efforts (and shall deliver to the Administrative Agent satisfactory evidence of such efforts) to deliver a Landlord Waiver (to the extent not previously delivered to the Administrative Agent) duly executed by the applicable landlord in form and substance reasonably satisfactory to the Administrative Agent.

  • Landlord's Waivers Any lessor of Tenant's Personal Property may, upon notice to Landlord and during reasonable hours, enter the Property and take possession of any of Tenant's Personal Property without liability for trespass or conversion upon a default by Tenant, provided that such lessor provide Landlord with the opportunity to cure the defaults of Tenant on terms and conditions satisfactory to such lessor and Landlord.

  • Condition of Leased Premises Tenant hereby acknowledges that Xxxxxx has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Xxxxxx agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Xxxxxx’s family or Xxxxxx’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted. Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

  • Consent of Members Each Member hereby expressly consents and agrees that, whenever in this Agreement it is specified that an action may be taken upon the affirmative vote or consent of less than all of the Members, such action may be so taken upon the concurrence of less than all of the Members and each Member shall be bound by the results of such action.

  • Landlord Waiver If requested by Dell, You will arrange (or You will ensure that Customer arranges) for Customer Site landlord to sign a landlord waiver agreement confirming Dell’s ownership of the APEX System and Dell’s right to access the APEX System in connection with the APEX Service and this Agreement.

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