Common use of Consent Standards Clause in Contracts

Consent Standards. Landlord shall not unreasonably withhold its consent to any assignment or subletting of the Premises, provided that the proposed Transfer is not a sublease occurring during the first (1st) year of the Lease Term, Tenant is not then in default under this Lease and the proposed transferee: (1) is creditworthy in Landlord’s reasonable judgment; (2) has a good reputation in the business community; (3) will use the Premises for the Permitted Use (thus, excluding without limitation, uses for credit processing and telemarketing) and will not use the Premises in any manner that would conflict with any exclusive use agreement or other similar agreement entered into by Landlord with any other tenant of the Project or Complex, as applicable; (4) will not use the Premises, Project or Complex in a manner that would materially increase the pedestrian or vehicular traffic to the Premises, Project or Complex; (5) is not a governmental entity, or subdivision or agency thereof or any other party which enjoys sovereign immunity; (6) is not another occupant of the Building or Complex, as applicable; and (7) is not a person or entity with whom Landlord is then, or has been within the six-month period prior to the time Tenant seeks to enter into such assignment or subletting, negotiating to lease space in the Building or Complex, as applicable, or any Affiliate of any such person or entity; otherwise, Landlord may withhold its consent in its sole discretion.

Consent Standards. If a proposed transferee does not meet the following conditions, Landlord shall not unreasonably withhold be deemed to have been unreasonable in withholding its consent to any a Transfer (provided that the following list shall not be deemed the exclusive factors for review): (1) in the case of a Transfer that is an assignment or subletting a sublease of the entirety of the Premises, provided that the proposed Transfer transferee has a Tangible Net Worth (hereinafter defined) which is not a sublease occurring during less than the first Tangible Net Worth (1stor Stock Market Capitalization) year of Tenant as of the Lease Term, Tenant is not then in default under date of execution of this Lease and the proposed transferee: (1) is creditworthy in Landlord’s reasonable judgmentLease; (2) has a good reputation in the business community; (3) will use the Premises for the Permitted Use (thus, excluding without limitation, uses for credit processing and telemarketing) and will not use the Premises in any manner that would conflict with any exclusive use agreement or other similar agreement entered into by Landlord with any other tenant of the Project or Complex, as applicableProject; (4) will not use the Premises, Premises or Project or Complex in a manner that would materially and unreasonably increase the pedestrian or vehicular traffic to the Premises, Project Premises or ComplexProject; (5) is not a governmental entity, or subdivision or agency thereof or any other party which enjoys sovereign immunity; (6) is not another occupant of the Building or Complex, as applicablethereof; and (76) is not a person or entity with whom Landlord is then, or has been within the six-three (3) month period prior to the time Tenant seeks to enter into such assignment or subletting, negotiating to lease space in the Building or Complex, as applicableProject, or any Affiliate of any such person or entity; otherwiseentity (provided, in the case of clause (6), that Landlord may withhold its consent then has sufficient available space in its sole discretionthe Project to accommodate occupancy needs of such proposed transferee).

Consent Standards. To the extent that Landlord’s consent is required hereunder, Landlord shall not unreasonably withhold withhold, condition or delay its consent to any assignment or subletting of the Premises, provided that the proposed Transfer is not a sublease occurring during the first (1st) year of the Lease Term, Tenant is not then in default under this Lease beyond any applicable notice and/or cure period and the proposed transferee: (1) is creditworthy in Landlord’s reasonable judgmentcreditworthy; (2) has a good reputation in the business community; (3) will use the Premises for the Permitted Use (thus, excluding without limitation, uses for credit processing and telemarketing) and will not use the Premises in any manner that would conflict with any exclusive use agreement or other similar agreement entered into by Landlord with any other tenant of the Project Phase One or ComplexProject, as applicable; (4) will not use the Premises, Phase One or Project or Complex in a manner that would materially increase the pedestrian or vehicular traffic to the Premises, Project Phase One or ComplexProject; (5) is not a governmental entity, or subdivision or agency thereof or any other party which enjoys sovereign immunitythereof; (6) is not another occupant of Phase One or the Building or Complex, as applicableProject; and (7) is not a person or entity with whom Landlord is then, or has been within the six-four (4) month period prior to the time date Tenant seeks to enter into such assignment or sublettingsought Landlord’s consent, negotiating to lease space in Phase One or the Building or Complex, as applicableProject, or any Affiliate of any such person or entityentity (all of the foregoing Section 10(b)(1) through Section 10(b)(7) being deemed reasonable bases for withholding consent); otherwise, Landlord may withhold its consent in its sole discretion.

Consent Standards. Landlord shall not unreasonably withhold its consent to any assignment or subletting of the Premises, provided that the proposed Transfer is not a sublease occurring during the first (1st) year of the Lease Term, Tenant is not then in default under this Lease and the proposed transferee: transferee (1) is creditworthy in Landlord’s reasonable judgment; creditworthy, (2) has a good reputation in the business community; (3) will use the Premises for the Permitted Use (thus, excluding without limitation, uses for credit processing and telemarketing) and will not use the Premises in any manner that would conflict with any exclusive use agreement or other similar agreement entered into by Landlord with any other tenant of the Project or ComplexBuilding, as applicable; (43) will not use any portion of the Premises, Project Premises or Complex the Building in a manner that would materially increase the pedestrian or vehicular traffic to the PremisesPremises or the Building, Project or Complex; (54) is not a governmental entity, or subdivision or agency thereof or any other party which enjoys sovereign immunity; thereof, (65) is not another occupant of the Building Building, (6) is in compliance with the regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) and any statute; executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit or ComplexSupport Terrorism), as applicableor other governmental action relating thereto; and (7) is not a person or entity with whom Landlord is then, or has been within the six-month period prior to the time Tenant seeks to enter into such assignment or subletting, negotiating to lease space in the Building or Complex, as applicable, or any Affiliate of any such person or entity; otherwise, Landlord may withhold its consent in its sole discretion. Additionally, Landlord may withhold its consent in its sole discretion to any proposed Transfer if any Event of Default by Tenant then exists.

Consent Standards. Landlord shall not unreasonably withhold its consent to any assignment or subletting of the Premises, provided that the proposed Transfer is not a sublease occurring during the first (1st) year of the Lease Term, Tenant is not then in default under this Lease beyond the expiration of any applicable grace, notice or cure period and the proposed transferee: (1) is creditworthy in Landlord’s reasonable judgment; (2) has a good reputation in the business community; (3) will use the Premises for the Permitted Use (thus, excluding without limitation, uses for credit processing and telemarketing) and will not use the Premises in any manner that would conflict with any exclusive use agreement or other similar agreement entered into by Landlord with any other tenant of the Project or Complex, as applicable; (4) will not use the Premises, Project or Complex in a manner that would materially increase the pedestrian or vehicular traffic to the Premises, Project or Complex; (5) is not a governmental entity, or subdivision or agency thereof or any other party which enjoys sovereign immunity; (6) is not another occupant of the Building or Complex, as applicable; and (7) is not a person or entity with whom Landlord is then, or has been within the six-month period prior to the time Tenant seeks to enter into such assignment or subletting, negotiating to lease space in the Building or Complex, as applicable, or any Affiliate of any such person or entity; otherwise, Landlord may withhold its consent in its sole discretion.

Consent Standards. Landlord shall not unreasonably withhold or delay its consent to any assignment or subletting of the Premises, provided that the proposed Transfer is not a sublease occurring during the first (1st) year of the Lease Term, Tenant is not then in default under this the Lease before any applicable notice and cure period and the proposed transferee: (1) is creditworthy in Landlord’s reasonable judgmentcreditworthy; (2) has a good reputation in the business community; (3) will use the OFFICE LEASE AGREEMENT CentrePort/Radiant Systems, Inc. 13 Premises for the Permitted Use (thus, excluding without limitation, uses for credit processing and telemarketing) and will not use the Premises in any manner that would conflict with any exclusive use agreement or other similar agreement entered into by Landlord with any other tenant of the Project or Complex, as applicable; (4) will not use the Premises, Project or Complex in a manner that would materially increase the pedestrian or vehicular traffic to the Premises, Project or Complex; (5) is not a governmental entity, or subdivision or agency thereof or any other party which enjoys sovereign immunitythereof; (6) is not another occupant of the Building or Complex, as applicableapplicable (provided that Landlord has space available in the Complex that meets the needs of such occupant); and (7) is not a person or entity with whom Landlord is then, or has been within the six-month period prior to the time Tenant seeks to enter into such assignment or subletting, then negotiating to lease space in the Building or Complex, as applicable, or any Affiliate of any such person or entityentity (and Landlord agrees upon Tenant’s request to provide a list of such negotiating persons or entities, or if Landlord elects to not provide such a list then consent may not be denied based on Tenant’s proposed transfer to such persons or entities under this subsection (7)); otherwise, Landlord may withhold its consent in its sole discretion.

Consent Standards. Landlord shall not unreasonably withhold its consent to any assignment or subletting of the Premises, provided that the proposed Transfer is not a sublease occurring during the first (1st) year of the Lease Term, Tenant is not then in default under this Lease and the proposed transferee: transferee (1) is creditworthy in Landlord’s reasonable judgment; creditworthy, (2) has a good reputation in the business community; , (3) will use the Premises for the Permitted Use (thus, excluding excluding, without limitation, uses for credit processing and telemarketing) and will not use the Premises in any manner that would conflict with any exclusive use agreement or other similar agreement entered into by Landlord with any other tenant of the Project Building or Complex, as applicable; (4) will not use the Premises, Building or Project or Complex in a manner that would materially increase the pedestrian or vehicular traffic to the Premises, Project Building or Complex; Project, (5) is not a governmental entity, or subdivision or agency thereof or any other party which enjoys sovereign immunity; thereof, (6) is not another occupant of the Building or Complex, as applicable(7) is in compliance with the regulations of the Office of Foreign Asset Control ("OFAC") of the Department of the Treasury (including those named on OFAC's Specially Designated Nationals and Blocked Persons List) and any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit or Support Terrorism), or other governmental action relating thereto; and (7) 8) is not a person or entity with whom Landlord is then, or has been within the six-month period prior to the time Tenant seeks to enter into such assignment or subletting, negotiating to lease space in the Building or Complex, as applicable, Complex or any Affiliate of any such person or entity; otherwise, Landlord may withhold its consent in its sole discretion. Additionally, Landlord may withhold its consent in its sole discretion to any proposed Transfer if any Event of Default by Tenant then exists.

Consent Standards. Landlord shall not unreasonably withhold its consent to any assignment or subletting of the Premises, provided that the proposed Transfer is not a sublease occurring during the first (1st) year of the Lease Term, Tenant is not then in default under this Lease and the proposed transferee: (1) the proposed transferee (A) is creditworthy in Landlord’s reasonable judgment; creditworthy, (2B) has a good reputation in the business community; , (3C) will use the Premises for the Permitted Use (thus, excluding excluding, without limitation, uses for credit processing and telemarketing) and will not use the Premises in any manner that would conflict with any exclusive use agreement or other similar agreement entered into by Landlord with any other tenant of the Project Building or ComplexProject, as applicable; (4D) will not use the Premises, Building or Project or Complex in a manner that would materially increase the pedestrian or vehicular traffic to the Premises, Project Building or Complex; Project, (5E) is not a governmental entity, or subdivision or agency thereof or any other party which enjoys person that is or may be entitled to claim sovereign immunity; , (6F) is not another occupant of the Building or ComplexProject (provided, as applicable; and however, the terms of this item (7F) shall only apply to the extent that Landlord has reasonably comparable space in the Project available to lease to such transferee), (G) is not a person or entity with whom Landlord is then, or has been within the six-month period prior to the time Tenant seeks to enter into such assignment or subletting, negotiating to lease space in the Building or Complex, as applicable, Project or any Affiliate of any such person or entity, and (H) has been approved by all of Landlord’s Mortgagees (as defined below) having the right to approve the proposed transferee, and (2) payment for the Transfer is not determined in whole or in part based upon the net income or profits of the proposed transferee; otherwise, Landlord may withhold its consent in its sole discretion. Additionally, Landlord may withhold its consent in its sole discretion to any proposed Transfer if any Event of Default by Tenant then exists.

Consent Standards. Landlord shall not unreasonably withhold its consent to any Transfer or assignment or subletting of the Premises, provided that the proposed Transfer is not a sublease occurring during the first (1st) year of the Lease Term, Tenant is not then in default under this Lease and the proposed transferee: transferee (1) is creditworthy in Landlord’s reasonable judgment; creditworthy, (2) has a good reputation in the business community; , (3) will use the Premises for the Permitted Use (thus, excluding excluding, without limitation, uses for credit processing and telemarketing) and will not use the Premises in any manner that would conflict with any exclusive use agreement or other similar agreement entered into by Landlord with any other tenant of the Project Building or Complex, as applicable; (4) will not use the Premises, Project Building or Complex Premises in a manner that would materially increase the pedestrian or vehicular traffic to the Premises, Project Building or Complex; Premises, (5) is not a governmental entity, or subdivision or agency thereof or any other party which enjoys sovereign immunity; thereof, (6) is not another occupant of the Building or Complex, as applicable(7) is in compliance with the regulations of the Office of Foreign Asset Control ("OFAC") of the Department of the Treasury (including those named on OFAC's Specially Designated Nationals and Blocked Persons List) and any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit or Support Terrorism), or other governmental action relating thereto; and (7) 8) is not a person or entity with whom Landlord is then, or has been within the six-month period prior to the time Tenant seeks to enter into such assignment or subletting, negotiating to lease space in the Building or Complex, as applicable, or any Affiliate of any such person or entity; otherwise, Landlord may withhold its consent in its sole discretion. Additionally, Landlord may withhold its consent in its sole discretion to any proposed Transfer if any Event of Default by Tenant then exists beyond applicable notice and opportunity to cure.