Common use of Consent of Prime Lessor Clause in Contracts

Consent of Prime Lessor. This Sublease is contingent on the approval and consent of Prime Lessor, which Sublessor agrees to use all reasonable efforts to obtain. This Sublease shall not become effective unless and until a written approval and consent (the “Consent”) is executed and delivered by the Prime Lessor and Sublessee on terms and conditions satisfactory to Sublessee in its sole discretion. After the Sublessor receives the Consent as executed by Prime Lessor, Sublessor agrees to promptly deliver a fully executed original of the Consent to Sublessee. The effect and commencement of this Sublease is subject to and conditional upon the receipt by Sublessor and Sublessee of the Consent executed by Prime Lessor. Upon execution of this Sublease by Sublessee, Sublessor will promptly apply to the Prime Lessor for the Consent and Sublessor will promptly inform Sublessee as to receipt of the Consent (if and when it is received) and deliver to Sublessee a copy of the same. Sublessee shall reimburse Sublessor for Prime Landlord’s actual costs and expenses, including reasonable attorneys’ fees, charges and disbursements incurred in connection with reviewing the Sublease and processing, drafting and negotiating the Consent, not to exceed $2,500. If the Consent is not received within thirty (30) business days after this Sublease is fully executed by both Sublessor and Sublessee (the “Sunset Date”), then from and after the Sunset Date this Sublease will cease to have any further effect and the parties hereto will have no further obligations to each other with respect to this Sublease and any funds paid hereunder by Sublessee shall be promptly refunded by Sublessor.

Consent of Prime Lessor. This Sublease is contingent on the approval and consent of Prime LessorLessor in form and substance satisfactory to Sublessee, which Sublessor agrees to use all commercially reasonable efforts to obtain. This Sublease shall not become effective unless and until a written approval and consent in form and substance satisfactory to Sublessee (the “Consent”) is executed and delivered by the Prime Lessor and Sublessee on terms and conditions satisfactory to Sublessee in its sole discretionSublessee. After the Sublessor receives the Consent as executed by Prime Lessor, Sublessor agrees to promptly deliver a fully executed original of the Consent to Sublessee. The effect and commencement of this Sublease is subject to and conditional upon the receipt by Sublessor and Sublessee of the Consent executed by Prime Lessor. Upon execution of this Sublease by Sublessee, Sublessor will promptly apply to the Prime Lessor for the Consent and Sublessor will promptly inform Sublessee as to receipt of the Consent (if and when it is received) and deliver to Sublessee a copy of the same. Sublessee shall reimburse Sublessor for Prime Landlord’s actual costs and expenses, including reasonable attorneys’ fees, charges and disbursements incurred in connection with reviewing the Sublease and processing, drafting and negotiating the Consent, not to exceed $2,500. If the Consent is not received within thirty five (305) business days after this Sublease is fully executed by both Sublessor and Sublessee (the “Sunset Date”), then from and after the Sunset Date Date, at the option of either Sublessor or Sublessee, this Sublease will cease to have any further effect and the parties hereto will have no further obligations to each other with respect to this Sublease and any funds paid hereunder by Sublessee shall be promptly refunded by Sublessor.

Consent of Prime Lessor. This Sublease First Amendment is contingent on the approval and consent of Prime Lessor, which Sublessor agrees to use all reasonable efforts to obtain. This Sublease First Amendment shall not become effective unless and until a written approval and consent (the “Consent”) is executed and delivered by the Prime Lessor Lessor, Sublessor, and Sublessee, which Consent shall be in form and substance satisfactory to Sublessor and Sublessee on terms (respectively) in the sole discretion of each, and conditions which Consent shall specifically include a satisfactory estoppel, representations, and non-disturbance agreement, wherein Prime Lessor agrees not to disturb Sublessee’s tenancy during the Term (as extended by this First Amendment) even if Sublessor has defaulted under the Prime Lease, so long as Sublessee is not then in its sole discretiondefault under the Original Sublease, as amended by this First Amendment, beyond any applicable notice and cure provisions. After the Sublessor receives the Consent as executed by Prime Lessor, Sublessor agrees to promptly deliver a fully executed original of the Consent to Escrow Agent, with a copy to Sublessee. The effect and commencement of this Sublease First Amendment is subject to and conditional upon the receipt by Sublessor and Sublessee of the Consent executed by Prime Lessor. Upon execution of this Sublease First Amendment by SublesseeSublessee and Sublessor, Sublessor will promptly apply to the Prime Lessor for the Consent Consent, and Sublessor will promptly inform Sublessee as to receipt of the Consent (if and when it is received) and deliver to Sublessee a copy of the same. Sublessee shall reimburse Sublessor for Prime Landlord’s actual costs and expenses, including reasonable attorneys’ fees, charges and disbursements incurred in connection with reviewing the Sublease and processing, drafting and negotiating the Consent, not to exceed $2,500. If the fully executed Consent is not received by Sublessee from Escrow Agent within thirty five (305) business days after this Sublease First Amendment is fully executed by both Sublessor and Sublessee (the “Sunset Date”), then from and after the Sunset Date this Sublease First Amendment will cease to have any further effect and the parties hereto will have no further obligations to each other with respect to this Sublease and First Amendment, any funds paid hereunder by Sublessee shall be promptly refunded by SublessorEscrow Agent, and the Original Sublease shall be and remain in full force and effect according to its terms.

Consent of Prime Lessor. This Sublease is contingent on subject to the approval and consent of Prime Lessor, which Sublessor agrees to use all reasonable efforts to obtain. This Sublease shall not become effective unless and until a written approval and consent (the “Consent”) is executed and delivered by the Prime Lessor and Sublessee on terms and conditions satisfactory Lessor, which Consent shall consent to Sublessee in its sole discretionthis Sublease. After the Sublessor receives the Consent as executed by from the Prime Lessor, Sublessor agrees to promptly deliver a fully fully-executed original of the Consent to Sublessee. The effect and commencement effectiveness of this Sublease is subject to and conditional upon the receipt by Sublessor and Sublessee of the Consent executed by Prime LessorConsent. Upon To the extent that Sublessor has not already done so, upon execution of this Sublease by Sublessee, Sublessor will promptly apply to the Prime Lessor for the Consent and Sublessor will promptly inform Sublessee as to receipt of the Consent (if and when it is received) and deliver to Sublessee a copy of the same. Sublessee shall reimburse Sublessor for Prime Landlord’s actual costs and expenses, including reasonable attorneys’ fees, charges and disbursements incurred in connection with reviewing the Sublease and processing, drafting and negotiating the Consent, not to exceed $2,500. If a fully executed original of the Consent is not received within thirty (30) business days after delivered to the Sublessee by May 1, 2005, Sublessee shall have the right to terminate this Sublease is fully executed by both Sublessor and Sublessee (the “Sunset Date”), then from and after the Sunset Date this Sublease will cease promptly sending notice of termination to have any further effect and the parties hereto will have no further obligations to each other with respect to this Sublease and any funds paid hereunder by Sublessee shall be promptly refunded by Sublessor.

Consent of Prime Lessor. This Notwithstanding anything to the contrary contained in this Sublease, the effectiveness of this Sublease is contingent on subject to and conditioned upon the written approval of, and consent of to, this Sublease by Prime Lessor, which Lessor in form reasonably acceptable to Sublessor agrees to use all reasonable efforts to obtainand Sublessee (the “Consent”). This Sublease shall not become effective unless and until a written approval and consent (the “Consent”) Consent is fully executed and delivered by the Prime Lessor and Sublessee on terms and conditions satisfactory to Sublessee in its sole discretion. After the Sublessor receives the Consent as executed by Prime Lessor, Sublessor agrees to promptly deliver a fully executed original of the Consent to Sublessee. The effect and commencement of this Sublease is subject to and conditional upon the receipt by Sublessor and Sublessee of the Consent executed by Prime Lessor. Upon execution of this Sublease by Sublessee, Sublessor will promptly apply to the Prime Lessor for the Consent and Sublessor will promptly inform Sublessee as to receipt of the Consent (if and when it is received) and deliver to Sublessee a copy of the same. Sublessee shall reimburse Sublessor for Prime Landlord’s actual costs and expenses, including reasonable attorneys’ fees, charges and disbursements incurred in connection with reviewing the Sublease and processing, drafting and negotiating the Consent, not to exceed $2,500. If the Consent is not received within thirty (30) business days after this Sublease is fully executed by both Sublessor and Sublessee (the “Sunset DateConsent Contingency”). Each of Sublessor and Sublessee will execute and deliver the Consent in the form provided by Prime Lessor and reasonably approved by Sublessor and Sublessee, even if the Consent has not been signed by Prime Lessor. If the Consent Contingency is not satisfied prior to the date that is sixty (60) days after submission of the request for the Consent, then from and after such date, either party may terminate this Sublease by providing written notice to the Sunset Date other unless the Consent Contingency is satisfied prior to the date on which such notice of termination is provided. If this Sublease is terminated pursuant to this Paragraph 29, then this Sublease will cease to have any further force or effect and the parties hereto will have no further obligations to each other with respect to this Sublease and Sublease, except that any Rent or other funds paid hereunder under this Sublease by Sublessee shall be promptly refunded by Sublessor, including but not limited to the Security Deposit.

Consent of Prime Lessor. This Notwithstanding anything to the contrary contained in this Sublease, the effectiveness of this Sublease is contingent on subject to and conditioned upon the written approval of, and consent to, this Sublease by Prime Lessor in form reasonably acceptable to each of Sublessor and Sublessee (the “Consent”). Without limitation, the Consent must (i) consent to this Sublease, (ii) waive any right of termination or recapture that Prime LessorLessor may have in respect of this Sublease, which Sublessor agrees (iii) confirm that (notwithstanding any provision of the Prime Lease to use the contrary) Sublessor’s ongoing rights under the Prime Lease (including without limitation the right to extend the Term of the Prime Lease and the right to expand the size of the Premises) will not be impaired or affected as a consequence of this Sublease, and all reasonable efforts to obtainsuch rights will remain unaffected, and (iv) waive the 90-day maximum advance notice period under Section 29.2 of the Prime Lease. This Sublease shall not become effective unless and until a written approval and consent (the “Consent”) Consent is fully executed and delivered by the Prime Lessor and Sublessee on terms and conditions satisfactory to Sublessee in its sole discretion. After the Sublessor receives the Consent as executed by Prime Lessor, Sublessor agrees to promptly deliver a fully executed original of the Consent to Sublessee. The effect and commencement of this Sublease is subject to and conditional upon the receipt by Sublessor and Sublessee of the Consent executed by Prime Lessor. Upon execution of this Sublease by Sublessee, Sublessor will promptly apply to the Prime Lessor for the Consent and Sublessor will promptly inform Sublessee as to receipt of the Consent (if and when it is received) and deliver to Sublessee a copy of the same. Sublessee shall reimburse Sublessor for Prime Landlord’s actual costs and expenses, including reasonable attorneys’ fees, charges and disbursements incurred in connection with reviewing the Sublease and processing, drafting and negotiating the Consent, not to exceed $2,500. If the Consent is not received within thirty (30) business days after this Sublease is fully executed by both Sublessor and Sublessee (the “Sunset DateConsent Contingency”). Each of Sublessor and Sublessee shall execute and deliver the Consent in the form provided by Prime Lessor and reasonably approved by Sublessor and Sublessee, even if the Consent has not been signed by Prime Lessor. If the Consent Contingency is not satisfied before the date that is ninety (90) days after submission of the request for the Consent, then from and after the Sunset Date such date, either party may terminate this Sublease will by providing written notice to the other unless the Consent Contingency is satisfied before the date on which such notice of termination is provided. If this Sublease is terminated under this Paragraph 25, then this Sublease shall cease to have any further force or effect and the parties hereto will shall have no further obligations to each other with respect to this Sublease and Sublease, except that any Rent or other funds paid hereunder under this Sublease by Sublessee shall be promptly refunded by Sublessor.

Consent of Prime Lessor. This Sublease is contingent on Notwithstanding anything to the approval and consent of Prime Lessorcontrary contained in this Sublease, which Sublessor agrees to use all reasonable efforts to obtain. This Sublease shall not become effective unless and until a written approval and consent (the “Consent”) is executed and delivered by the Prime Lessor and Sublessee on terms and conditions satisfactory to Sublessee in its sole discretion. After the Sublessor receives the Consent as executed by Prime Lessor, Sublessor agrees to promptly deliver a fully executed original of the Consent to Sublessee. The effect and commencement effectiveness of this Sublease is subject to and conditional conditioned upon the receipt by Sublessor written approval of, and Sublessee of the Consent executed by Prime Lessor. Upon execution of consent to, this Sublease by Sublessee, Sublessor will promptly apply to the Prime Lessor for the Consent and Sublessor will promptly inform Sublessee as in form reasonably acceptable to receipt of the Consent (if and when it is received) and deliver to Sublessee a copy of the same. Sublessee shall reimburse Sublessor for Prime Landlord’s actual costs and expenses, including reasonable attorneys’ fees, charges and disbursements incurred in connection with reviewing the Sublease and processing, drafting and negotiating the Consent, not to exceed $2,500. If the Consent is not received within thirty (30) business days after this Sublease is fully executed by both Sublessor and Sublessee (the “Sunset DateConsent”). This Sublease shall not become effective, and the Commencement Date shall not occur, unless and until the Consent is fully executed and delivered by Prime Lessor, Sublessor and Sublessee (the “Consent Contingency”). Each of Sublessor and Sublessee shall execute and deliver the Consent in the form provided by Prime Lessor and reasonably approved by Sublessor and Sublessee, even if the Consent has not been signed by Prime Lessor, but the same shall be of no force or effect until the Prime Lessor has executed the same. If the Consent Contingency is not satisfied before the date that is thirty (30) days after submission of the request for the Consent, then from and after the Sunset Date such date, either party may terminate this Sublease will by providing written notice to the other unless the Consent Contingency is satisfied before the date on which such notice of termination is provided. If this Sublease is terminated under this Paragraph 24, then this Sublease shall cease to have any further force or effect and the parties hereto will shall have no further obligations to each other with respect to this Sublease and Sublease, except that any Rent or other funds paid hereunder under this Sublease by Sublessee shall be promptly refunded by Sublessor.

Consent of Prime Lessor. This Sublease is contingent on subject to the concurrent approval and consent of Prime Lessor, which Sublessor agrees to use all reasonable efforts to obtain. This Sublease shall not become effective unless and until a written approval and consent (the “Consent”) is executed and delivered by the Prime Lessor and Sublessee on terms and conditions satisfactory Lessor, which Consent shall consent to Sublessee in its sole discretionthis Sublease. After the Sublessor receives the Consent as executed by from the Prime Lessor, Sublessor agrees to promptly deliver a fully fully-executed original of the Consent to Sublessee. The effect and commencement of this Sublease is subject to and conditional upon the receipt by Sublessor and Sublessee of the Consent executed by Prime LessorConsent. Upon To the extent that Sublessor has not already done so, upon execution of this Sublease by Sublessee, Sublessor will promptly apply to the Prime Lessor for the Consent and Sublessor will promptly inform Sublessee as to receipt of the Consent (if and when it is received) and deliver to Sublessee a copy of the same. Sublessee shall reimburse Sublessor for Prime Landlord’s actual costs and expenses, including reasonable attorneys’ fees, charges and disbursements incurred in connection with reviewing the Sublease and processing, drafting and negotiating the Consent, not to exceed $2,500. If the Consent is not received within thirty (30) business days after this Sublease is fully executed by both Sublessor and Sublessee May 1, 2004 (the “Sunset Date”), then from and after the Sunset Date this Sublease will cease to have any further effect and the parties hereto will have no further obligations to each other with respect to this Sublease and any funds paid hereunder by Sublessee shall be promptly refunded by Sublessor.