Common use of Consent of Overlandlord under the Xxxxxxxxx Clause in Contracts

Consent of Overlandlord under the Xxxxxxxxx. This Sublease is subject to and conditioned upon Sublandlord obtaining the written consent of Overlandlord hereto (hereinafter referred to as “Overlandlord Sublease Consent”). The Overlandlord Sublease Consent shall be in form and substance reasonably acceptable to Subtenant and shall expressly include the consent of Overlandlord to the performance by Subtenant of Subtenant’s Initial Work. Sublandlord shall promptly request and use due diligence to obtain such consent. Subtenant shall cooperate with Sublandlord in connection therewith. Sublandlord agrees to pay all actual and reasonable costs, expenses and fees which Sublandlord is required to pay to Overlandlord in connection with obtaining such consent. If such consent is refused or if Overlandlord shall otherwise fail to grant such consent within thirty (30) days from the date of full execution and delivery hereof, then Subtenant may, upon written notice to Sublandlord given at any time prior to the granting of such consent, terminate and cancel this Sublease, whereupon Sublandlord shall refund to Subtenant any Rent and Security Deposit paid in advance hereunder. In the event such consent is refused or if Overlandlord shall otherwise fail to grant such consent within ninety (90) days from the date of full execution and delivery hereof, then either party may, upon written notice to the other given at any time prior to the granting of such consent, terminate and cancel this Sublease, whereupon Sublandlord shall refund to Subtenant any Rent and Security Deposit paid in advance hereunder. Upon the making of such refund, neither party shall have any further obligations to the other under this Sublease, except to the extent that the provisions of this Sublease expressly survive the termination hereof.

Consent of Overlandlord under the Xxxxxxxxx. This Sublease Amendment is subject to and conditioned upon Sublandlord obtaining the written consent of Overlandlord hereto (hereinafter referred to as the “Overlandlord Sublease Amendment Consent”). The Overlandlord Sublease Amendment Consent shall be in form and substance reasonably acceptable to Subtenant and shall expressly include the consent of Overlandlord to the performance by Subtenant of Subtenant’s Initial Work. Sublandlord shall promptly request and use due diligence to obtain such consent. , and Subtenant shall cooperate with Sublandlord in connection therewithwith obtaining such consent. Sublandlord agrees to pay all actual and reasonable costs, expenses and fees which Sublandlord is required to pay to Overlandlord in connection with obtaining such consent. If such consent is refused or if Overlandlord shall otherwise fail to grant such consent within thirty (30) days from the date of full execution and delivery hereof, then Subtenant may, upon written notice to Sublandlord given at any time prior to the granting of such consent, terminate and cancel this Sublease, whereupon Sublandlord shall refund to Subtenant any Rent and Security Deposit paid in advance hereunder. In the event such consent is refused or if Overlandlord shall otherwise fail to grant such consent within ninety (90) days from the date of full execution and delivery hereof, then either party may, upon written notice to the other party given at any time prior to the granting of such consent, terminate and cancel this Sublease, whereupon Sublandlord shall refund to Subtenant any Rent and Security Deposit paid in advance hereunderAmendment. Upon the making of such refundtermination for failure to obtain Overlandlord Amendment Consent, neither party shall have any further obligations to the other under this SubleaseAmendment, except that Sublandlord shall coordinate in good faith with Subtenant for the return of the Letter of Credit delivered concurrently herewith upon receipt by Sublandlord of a replacement Letter of Credit in the Original Required Amount and any other obligations to the extent that the provisions of this Sublease Amendment expressly survive the termination hereofof this Amendment.

Consent of Overlandlord under the Xxxxxxxxx. This Except for Paragraph 29 below, this Sublease is subject to shall have no effect unless and conditioned upon Sublandlord obtaining the until Overlandlord shall have given written consent of Overlandlord hereto (hereinafter referred to as “Overlandlord Sublease Overlandlord’s Consent”). The If Overlandlord does not consent to this Sublease Consent shall be in form and substance reasonably acceptable to Subtenant and shall expressly include the consent of Overlandlord to the performance by Subtenant of Subtenant’s Initial Work. Sublandlord shall promptly request and use due diligence to obtain such consent. Subtenant shall cooperate with Sublandlord in connection therewith. Sublandlord agrees to pay all actual and reasonable costs, expenses and fees which Sublandlord is required to pay to Overlandlord in connection with obtaining such consent. If such consent is refused or if Overlandlord shall otherwise fail to grant such consent for any reason whatsoever within thirty forty-five (3045) days from after the date of full execution and delivery hereof, then either Sublandlord or Subtenant may, upon written may elect to cancel this Sublease by giving notice to Sublandlord given at any time the other party after the expiration of said forty-five (45)-day period, but prior to the granting giving of said consent by Overlandlord to this Sublease. Subtenant acknowledges that Subtenant may be required to execute and deliver a consent agreement as a condition precedent to Overlandlord consenting to this Sublease. Subtenant agrees that Subtenant shall promptly review, execute and deliver to Sublandlord such consent agreement, provided that such consent agreement is commercially reasonable. If either party shall have given notice of cancellation to the other party (in accordance with the provisions of this Paragraph 27), then (i) Sublandlord shall not be obligated to take any further action to obtain Overlandlord’s consent, terminate and cancel this Sublease, whereupon (ii) Sublandlord shall refund to Subtenant any the installment of Fixed Rent paid by Subtenant at the execution of this Sublease and Security Deposit paid in advance hereunder. In (iii) this Sublease shall thereupon be deemed null and void and of no further force and effect, and neither of the event such consent is refused or if Overlandlord shall otherwise fail to grant such consent within ninety (90) days from the date of full execution and delivery hereof, then either party may, upon written notice to the other given at any time prior to the granting of such consent, terminate and cancel this Sublease, whereupon Sublandlord shall refund to Subtenant any Rent and Security Deposit paid in advance hereunder. Upon the making of such refund, neither party parties hereto shall have any further obligations to rights or claims against the other under this Sublease, except to the extent that the provisions of this Sublease expressly survive the termination hereofother.