Common use of Consent to Sublease Clause in Contracts

Consent to Sublease. In accordance with the provisions of Section 18 of that certain lease agreement dated April 28, 2004 (the “Lease”) between the undersigned, as “Landlord”, and Xxxxxxx & Xxxxxxx Group North America, Inc., as “Tenant”, the undersigned hereby consents to the sublease agreement (the “Sublease”) between Tenant, as “Sublessor”, and Aegerion Pharmaceuticals, Inc., as “Sublessee”, dated June 6, 2006. Provided, however, this consent shall not be deemed in any way to modify or amend any of the terms or provisions of the Lease, it being the intent and understanding of Landlord in executing this consent that the Sublease is, and shall be, subject and subordinate in all respects to the Lease, and that in the event of any conflict between the terms and conditions of the Lease and the terms and conditions of the Sublease, the terms and conditions of the Lease shall control as between Landlord and Tenant. Further, and notwithstanding any structuring of obligations and responsibilities between Tenant and Sublessee pursuant to the terms of the Sublease, in accordance with the provisions of Section 18 of the Lease, Tenant remains fully liable for the performance of all applicable obligations and responsibilities of the “Tenant” under the Lease. Further, this consent by Landlord shall not be deemed to be a waiver by Landlord of its right to approve any other subletting or assignment, as set forth in the Lease. LANDLORD: GLB 3, L.L.C., a New Jersey limited liability partnership By: Glenborough Realty Trust Incorporated, a Maryland corporation, Its Manager By: /s/ [ILLEGIBLE] Its Executive Vice President Consent of Lessor The undersigned, GLB 3, L.L.C., Lessor under the Lease, hereby consents to the foregoing Sublease to be effective upon the execution of said instrument by Xxxxxxx & Xxxxxxx Group North America, Inc., lessee under the Lease, and by the above-named Sublessee. GLB 3, L.L.C., a New Jersey limited liability partnership By: Glenborough Realty Trust Incorporated, a Maryland corporation, Its Manager By: /s/ [ILLEGIBLE] Date: June 6, 2006 EXHIBIT A Floor Plan of Premises [To be attached] EXHIBIT B Copy of Lease MASTER LEASE XXXXXX & XXXXXXX SUBLESSOR TABLE OF CONTENTS Page 1. LEASE OF PREMISES 1 2. DEFINITIONS 1 2.1 ANNUAL BASE RENT: 1 2.2 BASE YEAR 1 2.3 COMMENCEMENT DATE 1 2.4 COMMON AREA 1 2.5 EXPIRATION DATE 1 2.6 LANDLORD’S ADDRESS FOR NOTICE 2 2.7 LISTING AND LEASING AGENT(S) 2 2.8 MONTHLY INSTALLMENTS OF BASE RENT 2 2.9 NOTICE 2 2.10 PARKING 2 2.11 PREMISES 2 2.12 PROJECT 2 2.13 LAND 3 2.14 PARK 3 2.15 RENTABLE AREA 3 2.16 SECURITY DEPOSIT (Section 8.) 3 2.17 STATE 3 2.18 TENANT’S PROPORTIONATE SHARE 3 2.19 TENANT’S USE (Section 9.) 3 2.20 TERM 3 3. EXHIBITS AND ADDENDA 3 4. DELIVERY OF POSSESSION 4 5. INTENDED USE OF THE PREMISES 5 6. RENT 5 6.1 Payment of Rent 5 6.2 [Intentionally Deleted] 5 6.3 Determination and Payment of Tax Costs and Operating Expenses 8

Appears in 3 contracts

Samples: Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.)

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Consent to Sublease. In accordance with Lessor under the provisions of Section 18 of that certain lease agreement dated April 28, 2004 (the “Lease”) between the undersigned, as “Landlord”, and Xxxxxxx & Xxxxxxx Group North America, Inc., as “Tenant”, the undersigned Master Lease hereby consents to the sublease agreement foregoing Sublease, including, but not limited to, Section 9 (granting rights of assignment and subletting), Section 18 (granting rights of first opportunity), 19 (granting an option to extend), 20 (granting options to extend), and 21 (granting options to expand), without waiver of any restriction in the “Sublease”) between TenantMaster Lease concerning further assignment or subletting. Lessor certifies, as “Sublessor”of the date of Lessor’s execution hereof, that (i) Sublessor is not in default in payment of rent or triple-net charges under the Master Lease, and Aegerion Pharmaceuticals(ii) to the knowledge of the person executing this Consent on Lessor’s behalf, Inc.without investigation or inquiry, as “Sublessee”, dated June 6, 2006. Provided, however, this consent shall Sublessor is not be deemed in any way to modify default or amend breach of any of the terms or other provisions of the Lease, it being the intent and understanding of Landlord in executing this consent that the Sublease is, and shall be, subject and subordinate in all respects to the Master Lease, and that the Master Lease has not been amended or modified except as expressly set forth in the event of any conflict between the terms and conditions of the Lease and the terms and conditions of the foregoing Sublease, the terms and conditions of the Lease . This Consent shall control as between Landlord and Tenant. Further, and notwithstanding any structuring of obligations and responsibilities between Tenant and Sublessee pursuant apply only to the terms of the Sublease, in accordance with the provisions of Section 18 of the Lease, Tenant remains fully liable for the performance of all applicable obligations Sublease and responsibilities of the “Tenant” under the Lease. Further, this consent by Landlord shall not be deemed to be a consent to any other assignment or sublease nor shall this consent constitute a waiver of any restriction in the Master Lease concerning further subletting or assignment by Landlord Sublessor or by Sublessee. Lessor’s consent is issued on the understanding that nothing contained in the Sublease shall modify, expand or enlarge Lessor’s obligations under the Master Lease nor release Sublessor from any obligations thereunder. Unless and until the provisions of Sections 4 or 5 of this Consent become effective, nothing in this Agreement or the Sublease shall be deemed to create a landlord/tenant relationship between Lessor and Sublessee or obligate Lessor to perform any obligations under the Master Lease for the benefit of Sublessee. Sublessor and Sublessee shall not amend, modify or terminate the Sublease without Lessor’s prior written consent, which shall not be unreasonably withheld. Notwithstanding the immediately preceding three sentences, Sublessee shall have, and may exercise its right under Section 9 of the Sublease to approve assign the Sublease or sublet part or all of the Premises to a Permitted Transferee without either Lessor’s consent or Sublessor’s consent. No amendment or modification of the Sublease shall be binding on Lessor unless Lessor has consented to such amendment or modification in writing. Whether or not Sublessor and Sublessee seek Lessor’s consent to any other subletting amendment or assignmentmodification of the Sublease, as set forth in Sublessor and Sublessee shall give notice to Lessor of any amendment or modification of the LeaseSublease. LANDLORD: GLB 3, L.L.C., a New Jersey limited liability partnership By: Glenborough Realty Trust Incorporated, a Maryland corporation, Its Manager By: /s/ [ILLEGIBLE] Its Executive Vice President Consent of Lessor The undersigned, GLB 3, L.L.C., Lessor under the Lease, hereby consents to Sublessor and Sublessee acknowledge that the foregoing Sublease to be effective upon the execution of said instrument by Xxxxxxx & Xxxxxxx Group North America, Inc., lessee under the Lease, and by the above-named Sublessee. GLB 3, L.L.C., a New Jersey limited liability partnership By: Glenborough Realty Trust Incorporated, a Maryland corporation, Its Manager By: /s/ [ILLEGIBLE] Date: June 6, 2006 EXHIBIT A Floor Plan of Premises [To be attached] EXHIBIT B Copy of Lease MASTER LEASE XXXXXX & XXXXXXX SUBLESSOR TABLE OF CONTENTS Page 1. LEASE OF PREMISES 1 2. DEFINITIONS 1 2.1 ANNUAL BASE RENT: 1 2.2 BASE YEAR 1 2.3 COMMENCEMENT DATE 1 2.4 COMMON AREA 1 2.5 EXPIRATION DATE 1 2.6 LANDLORD’S ADDRESS FOR NOTICE 2 2.7 LISTING AND LEASING AGENT(S) 2 2.8 MONTHLY INSTALLMENTS OF BASE RENT 2 2.9 NOTICE 2 2.10 PARKING 2 2.11 PREMISES 2 2.12 PROJECT 2 2.13 LAND 3 2.14 PARK 3 2.15 RENTABLE AREA 3 2.16 SECURITY DEPOSIT (Section 8conditions are reasonable.) 3 2.17 STATE 3 2.18 TENANT’S PROPORTIONATE SHARE 3 2.19 TENANT’S USE (Section 9.) 3 2.20 TERM 3 3. EXHIBITS AND ADDENDA 3 4. DELIVERY OF POSSESSION 4 5. INTENDED USE OF THE PREMISES 5 6. RENT 5 6.1 Payment of Rent 5 6.2 [Intentionally Deleted] 5 6.3 Determination and Payment of Tax Costs and Operating Expenses 8

Appears in 1 contract

Samples: Sublease (Eden Bioscience Corp)

Consent to Sublease. In accordance with the provisions of Section 18 16 of that certain lease agreement dated April 28November 25, 2004 1998 (the “Lease”) between the undersigned, as Landlord, and Xxxxxxx & Xxxxxxx Group North America, Inc.the Allstate Insurance Company, as Tenant, the undersigned hereby consents to the sublease agreement Sublease Agreement (the Sublease) between Tenant, as “Sublessor”, and Aegerion PharmaceuticalsE-Loan, Inc., as “Sublessee”, dated June 6, 2006. Provided, however, this consent shall not be deemed in any way to modify or amend any of the terms or provisions of the Lease, it being the intent and understanding of the Landlord in executing this consent that the Sublease is, and shall be, subject and subordinate in all respects to the Lease, and that in the event of any conflict between the terms and conditions of the Lease and the terms and conditions of the Sublease, the terms and conditions of the Lease shall control as between the Landlord and Tenant. Further, and notwithstanding any structuring of obligations and responsibilities between Tenant and Sublessee pursuant to the terms of the Sublease, in accordance with the provisions of Section 18 16 of the Lease, Tenant remains fully liable for the performance of all applicable obligations and responsibilities of the “Tenant” under the Leaselease. Further, this consent by Landlord shall not be deemed to be a waiver by Landlord of its right to approve any other subletting or assignment, as set forth in the Lease. LANDLORD: GLB 3Glenborough Properties, L.L.C., a New Jersey limited liability partnership L.P. By: Glenborough Realty Trust Incorporated, a Maryland corporationIt’s General Partner, Its Manager By: /s/ [ILLEGIBLE] Its Executive Its: Vice President Consent of Lessor The undersigned, GLB 3, L.L.C., Lessor under the Lease, hereby consents to the foregoing Sublease to be effective upon the execution of said instrument by Xxxxxxx & Xxxxxxx Group North America, Inc., lessee under the Lease, and by the aboveEXHIBIT A MASTER LEASE MULTI-named Sublessee. GLB 3, L.L.C., a New Jersey limited liability partnership By: Glenborough Realty Trust Incorporated, a Maryland corporation, Its Manager By: /s/ [ILLEGIBLE] TENANT INDUSTRIAL GROSS LEASE (BASE YEAR) Effective Date: June 6November 25, 2006 EXHIBIT A Floor Plan of Premises [To be attached] EXHIBIT B Copy of Lease MASTER LEASE XXXXXX & XXXXXXX SUBLESSOR TABLE OF CONTENTS Page 1. LEASE OF PREMISES 1 2. DEFINITIONS 1 2.1 ANNUAL BASE RENT: 1 2.2 BASE YEAR 1 2.3 COMMENCEMENT DATE 1 2.4 COMMON AREA 1 2.5 EXPIRATION DATE 1 2.6 LANDLORD’S ADDRESS FOR NOTICE 2 2.7 LISTING AND LEASING AGENT(S) 2 2.8 MONTHLY INSTALLMENTS OF BASE RENT 2 2.9 NOTICE 2 2.10 PARKING 2 2.11 PREMISES 2 2.12 PROJECT 2 2.13 LAND 3 2.14 PARK 3 2.15 RENTABLE AREA 3 2.16 SECURITY DEPOSIT 1998 (Section 8The date set forth below Landlord's signature.) 3 2.17 STATE 3 2.18 TENANT’S PROPORTIONATE SHARE 3 2.19 TENANT’S USE (Section 9.) 3 2.20 TERM 3 3. EXHIBITS AND ADDENDA 3 4. DELIVERY OF POSSESSION 4 5. INTENDED USE OF THE PREMISES 5 6. RENT 5 6.1 Payment of Rent 5 6.2 [Intentionally Deleted] 5 6.3 Determination and Payment of Tax Costs and Operating Expenses 8)

Appears in 1 contract

Samples: Sublease Agreement

Consent to Sublease. In accordance with the provisions of Section 18 of that certain lease agreement dated April 28, 2004 Sublandlord shall make commercially reasonable efforts to obtain Landlord’s consent to this Sublease (the “LeaseConsent”) between the undersignedas soon as reasonably possible, as “Landlord”, and Xxxxxxx & Xxxxxxx Group North America, Inc., as “Tenant”, the undersigned hereby consents subject to the sublease agreement third sentence of this Section 25. The Consent shall be rendered in writing in substantially the form attached hereto as Exhibit C, except that the Consent shall also provide the following (a) notwithstanding the “Sublease”) between Tenant, as “Sublessor”, and Aegerion Pharmaceuticals, Inc., as “Sublessee”, dated June 6, 2006. Provided, however, this consent shall not be deemed in any way to modify or amend any of the terms or provisions of the Lease, it being the intent Permitted Uses (as such term is used in the Lease) of the Sublet Premises shall be for the executive, administrative and understanding general business offices, including, without limitation, for businesses other than a law firm (the “Expanded Permitted Uses”), (b) any assignee or undertenant of Landlord Subtenant may use the Sublet Premises for any Expanded Permitted Uses and be engaged in executing this consent a business other than that of a law firm, and (c) the expanded rights to assign the Sublease isor sublet the Sublet Premises or otherwise effectuate transfer as set forth in Section 14(u) of Exhibit C (such consent, as so modified, the “Acceptable Consent”). Sublandlord shall pay all charges and fees due in connection therewith on or before same are due, excluding, however, any Subtenant’s legal fees incurred by Subtenant in connection with negotiating same, which shall bebe borne solely by Subtenant. If Sublandlord does not obtain the Acceptable Consent within thirty (30) days after Sublandlord’s receipt of an original executed counterpart of this Sublease signed by Subtenant, subject then at any time thereafter until the Consent is obtained, Subtenant may terminate this Sublease upon written notice to Sublandlord as its sole remedy, whereupon any and subordinate in all respects to the Lease, and that in the event of any conflict between the terms and conditions of the Lease and the terms and conditions such executed counterparts of the Sublease, the terms together with any Security Deposit, rentals and conditions of the Lease other amounts paid shall control as between Landlord and Tenant. Furtherbe promptly returned to Subtenant (but no later than five (5) days after such termination), and notwithstanding neither party hereto shall have any structuring of obligations and responsibilities between Tenant and Sublessee pursuant further obligation to the terms other under this Sublease except for such obligations that expressly survive termination of the this Sublease, in accordance with the provisions of Section 18 of the Lease, Tenant remains fully liable for the performance of all applicable obligations and responsibilities of the “Tenant” under the Lease. Further, this consent by Landlord shall not be deemed to be a waiver by Landlord of its right to approve any other subletting or assignment, as set forth in the Lease. LANDLORD: GLB 3, L.L.C., a New Jersey limited liability partnership By: Glenborough Realty Trust Incorporated, a Maryland corporation, Its Manager By: /s/ [ILLEGIBLE] Its Executive Vice President Consent of Lessor The undersigned, GLB 3, L.L.C., Lessor under the Lease, hereby consents to the foregoing Sublease to be effective upon the execution of said instrument by Xxxxxxx & Xxxxxxx Group North America, Inc., lessee under the Lease, and by the above-named Sublessee. GLB 3, L.L.C., a New Jersey limited liability partnership By: Glenborough Realty Trust Incorporated, a Maryland corporation, Its Manager By: /s/ [ILLEGIBLE] Date: June 6, 2006 EXHIBIT A Floor Plan of Premises [To be attached] EXHIBIT B Copy of Lease MASTER LEASE XXXXXX & XXXXXXX SUBLESSOR TABLE OF CONTENTS Page 1. LEASE OF PREMISES 1 2. DEFINITIONS 1 2.1 ANNUAL BASE RENT: 1 2.2 BASE YEAR 1 2.3 COMMENCEMENT DATE 1 2.4 COMMON AREA 1 2.5 EXPIRATION DATE 1 2.6 LANDLORD’S ADDRESS FOR NOTICE 2 2.7 LISTING AND LEASING AGENT(S) 2 2.8 MONTHLY INSTALLMENTS OF BASE RENT 2 2.9 NOTICE 2 2.10 PARKING 2 2.11 PREMISES 2 2.12 PROJECT 2 2.13 LAND 3 2.14 PARK 3 2.15 RENTABLE AREA 3 2.16 SECURITY DEPOSIT (Section 8.) 3 2.17 STATE 3 2.18 TENANT’S PROPORTIONATE SHARE 3 2.19 TENANT’S USE (Section 9.) 3 2.20 TERM 3 3. EXHIBITS AND ADDENDA 3 4. DELIVERY OF POSSESSION 4 5. INTENDED USE OF THE PREMISES 5 6. RENT 5 6.1 Payment of Rent 5 6.2 [Intentionally Deleted] 5 6.3 Determination and Payment of Tax Costs and Operating Expenses 8

Appears in 1 contract

Samples: Sublease (SELLAS Life Sciences Group, Inc.)

Consent to Sublease. In accordance with If Landlord does not exercise its option to cancel this Lease pursuant to paragraph (b) above and Landlord consents in writing to the provisions proposed assignment of Section 18 of that certain lease agreement dated April 28sublease, 2004 (Tenant may then enter into the “Lease”) between the undersignedassignment or sublease, as “Landlord”, and Xxxxxxx & Xxxxxxx Group North America, Inc., as “Tenant”, the undersigned hereby consents to the sublease agreement (the “Sublease”) between Tenant, as “Sublessor”, and Aegerion Pharmaceuticals, Inc., as “Sublessee”, dated June 6, 2006. Provided, however, this consent shall not be deemed in any way to modify or amend any of the terms or provisions of the Lease, it being the intent and understanding of Landlord in executing this consent that the Sublease is, and shall case may be, subject and subordinate in all respects to the Lease, and that specified in the event of any conflict between the terms and conditions of the Lease and the terms and conditions of the Sublease, the terms and conditions of the Lease shall control as between Landlord and Tenant. Further, and notwithstanding any structuring of obligations and responsibilities between Tenant and Sublessee pursuant ’s Notice giving rise to the terms of the Subleasesuch cancellation option, in accordance with the following provisions. If Tenant enters into such assignment or sublease it shall submit an executed copy of the sublease or assignment to Landlord for consent not less than thirty (30) days prior to the proposed effective date of assignment or the proposed commencement date of the term of the sublease, as the case may be. In the case of a sublease, the instrument shall expressly state that it is and shall remain at all times subject and subordinate to this Lease and all of the terms, covenants and agreements contained in this Lease. In the case of an assignment, the instrument shall contain the assumption by the assignee of all of the duties and obligations of the tenant under this Lease to be performed after the effective date of assignment. No such assignment or sublease instrument shall expressly or by implication impose upon Landlord any duties or obligations or alter the provisions of Section 18 of the Lease, Tenant remains fully liable for the performance of all applicable obligations and responsibilities of the “Tenant” under the this Lease. Further, this consent by Landlord shall not be deemed agrees to be a waiver give Tenant written notice within thirty (30) days after receipt by Landlord of its Tenant’s proposed assignment or sublease of Landlord’s consent to or rejection of same. Tenant may not submit to Landlord for consent any assignment or sublease on terms or conditions or with parties different from those stated in the applicable Tenant’s Notice for such assignment or sublease, nor may Tenant submit to Landlord for consent any assignment or sublease later than the date which is sixty (60) days after the expiration of the period for exercise by Landlord of the cancellation option arising under paragraph (b) above by reason of such assignment or sublease, without again complying with the provisions of paragraph (b) above and affording Landlord the right to approve any other subletting or assignment, as set forth in the Lease. LANDLORD: GLB 3, L.L.C., a New Jersey limited liability partnership By: Glenborough Realty Trust Incorporated, a Maryland corporation, Its Manager By: /s/ [ILLEGIBLE] Its Executive Vice President Consent of Lessor The undersigned, GLB 3, L.L.C., Lessor under the Lease, hereby consents to the foregoing Sublease to be effective upon the execution of said instrument by Xxxxxxx & Xxxxxxx Group North America, Inc., lessee under the Lease, and by the above-named Sublessee. GLB 3, L.L.C., a New Jersey limited liability partnership By: Glenborough Realty Trust Incorporated, a Maryland corporation, Its Manager By: /s/ [ILLEGIBLE] Date: June 6, 2006 EXHIBIT A Floor Plan of Premises [To be attached] EXHIBIT B Copy of Lease MASTER LEASE XXXXXX & XXXXXXX SUBLESSOR TABLE OF CONTENTS Page 1. LEASE OF PREMISES 1 2. DEFINITIONS 1 2.1 ANNUAL BASE RENT: 1 2.2 BASE YEAR 1 2.3 COMMENCEMENT DATE 1 2.4 COMMON AREA 1 2.5 EXPIRATION DATE 1 2.6 LANDLORD’S ADDRESS FOR NOTICE 2 2.7 LISTING AND LEASING AGENT(S) 2 2.8 MONTHLY INSTALLMENTS OF BASE RENT 2 2.9 NOTICE 2 2.10 PARKING 2 2.11 PREMISES 2 2.12 PROJECT 2 2.13 LAND 3 2.14 PARK 3 2.15 RENTABLE AREA 3 2.16 SECURITY DEPOSIT (Section 8again exercise its cancellation option.) 3 2.17 STATE 3 2.18 TENANT’S PROPORTIONATE SHARE 3 2.19 TENANT’S USE (Section 9.) 3 2.20 TERM 3 3. EXHIBITS AND ADDENDA 3 4. DELIVERY OF POSSESSION 4 5. INTENDED USE OF THE PREMISES 5 6. RENT 5 6.1 Payment of Rent 5 6.2 [Intentionally Deleted] 5 6.3 Determination and Payment of Tax Costs and Operating Expenses 8

Appears in 1 contract

Samples: Agreement of Lease (Oncogenex Technologies Inc)

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Consent to Sublease. Notwithstanding anything to the contrary in this Sublease, this Sublease and Sublandlord's obligations hereunder are conditioned upon the execution and delivery of all parties thereto of the Fourth Amendment and the Consent. If any of the foregoing conditions is not satisfied, within thirty (30) days after execution of this Sublease by Sublandlord, then Sublandlord may terminate this Sublease by giving Subtenant written notice thereof, and upon such termination Sublandlord shall return to Subtenant all prepaid rent and the Security Deposit. Sublandlord and Subtenant hereby acknowledge that the Consent contains certain agreements between the parties thereto that have a direct impact on this Sublease and the relationship of Sublandlord and Subtenant hereunder, including the circumstances under which Subtenant must obtain the consent of Sublandlord. In accordance with the event of a conflict between the provisions of Section 18 of that certain lease agreement dated April 28, 2004 (this Sublease and the “Lease”) between the undersigned, as “Landlord”, and Xxxxxxx & Xxxxxxx Group North America, Inc., as “Tenant”Consent, the undersigned hereby consents to the sublease agreement (the “Sublease”) between Tenant, as “Sublessor”, and Aegerion Pharmaceuticals, Inc., as “Sublessee”, dated June 6, 2006. Provided, however, this consent shall not be deemed in any way to modify or amend any of the terms or provisions of the LeaseConsent shall control. Furthermore, it being the intent and understanding of Landlord in executing this consent parties acknowledge that the Sublease is, and shall be, subject and subordinate in all respects to the Lease, and that in the event incorporation by reference of any conflict between the terms and conditions of the Lease and the terms and conditions of the Sublease, the terms and conditions of the Lease shall control as between Landlord and Tenant. Further, and notwithstanding any structuring of obligations and responsibilities between Tenant and Sublessee pursuant to the terms of the Sublease, in accordance with the provisions of Section 18 of the Lease, Tenant remains fully liable for the performance of all applicable obligations Direct Lease into this Sublease may cause Sublandlord to have numerous approval and responsibilities consent rights of the “TenantLandlord” under the Direct Lease; however, notwithstanding such incorporation by reference, the parties acknowledge and agree that the consent and approval rights of Sublandlord with respect to the Subleased Premises during the Sublease Term are governed by the Consent and Sublandlord’s consent and approval is only required to the extent required in the Consent. FurtherIn addition, the parties acknowledge that amendments to the Direct Lease may become incorporated in this consent by Landlord shall Sublease, but only to the extent any such amendment is permitted pursuant to Section 5B of the Consent Amendment: This Sublease may not be deemed to be a waiver by Landlord of its right to approve any other subletting or assignment, as set forth in the Lease. LANDLORD: GLB 3, L.L.C., a New Jersey limited liability partnership By: Glenborough Realty Trust Incorporated, a Maryland corporation, Its Manager By: /s/ [ILLEGIBLE] Its Executive Vice President Consent of Lessor The undersigned, GLB 3, L.L.C., Lessor under the Lease, hereby consents to the foregoing Sublease to be effective upon the execution of said instrument by Xxxxxxx & Xxxxxxx Group North America, Inc., lessee under the Lease, and amended except by the above-named Sublessee. GLB 3, L.L.C., a New Jersey limited liability partnership By: Glenborough Realty Trust Incorporated, a Maryland corporation, Its Manager By: /s/ [ILLEGIBLE] Date: June 6, 2006 EXHIBIT A Floor Plan written agreement of Premises [To be attached] EXHIBIT B Copy of Lease MASTER LEASE XXXXXX & XXXXXXX SUBLESSOR TABLE OF CONTENTS Page 1. LEASE OF PREMISES 1 2. DEFINITIONS 1 2.1 ANNUAL BASE RENT: 1 2.2 BASE YEAR 1 2.3 COMMENCEMENT DATE 1 2.4 COMMON AREA 1 2.5 EXPIRATION DATE 1 2.6 LANDLORD’S ADDRESS FOR NOTICE 2 2.7 LISTING AND LEASING AGENT(S) 2 2.8 MONTHLY INSTALLMENTS OF BASE RENT 2 2.9 NOTICE 2 2.10 PARKING 2 2.11 PREMISES 2 2.12 PROJECT 2 2.13 LAND 3 2.14 PARK 3 2.15 RENTABLE AREA 3 2.16 SECURITY DEPOSIT (Section 8Sublandlord and Subtenant.) 3 2.17 STATE 3 2.18 TENANT’S PROPORTIONATE SHARE 3 2.19 TENANT’S USE (Section 9.) 3 2.20 TERM 3 3. EXHIBITS AND ADDENDA 3 4. DELIVERY OF POSSESSION 4 5. INTENDED USE OF THE PREMISES 5 6. RENT 5 6.1 Payment of Rent 5 6.2 [Intentionally Deleted] 5 6.3 Determination and Payment of Tax Costs and Operating Expenses 8

Appears in 1 contract

Samples: Work Agreement (Titan Corp)

Consent to Sublease. The Vendor undertakes to and in favour of the Purchasers to use commercially reasonable efforts to obtain the consent of the landlord under the Head Lease (as defined in the Sublease) to the Sublease and the waiver of the landlord's right of first offer pursuant to Section 12.04 of the Head Lease in the form previously provided to the landlord within ninety (90) days following the Closing Date. In accordance with the provisions of Section 18 of that certain lease agreement dated April 28event that, 2004 within the ninety (90) day period following the “Lease”) between the undersigned, as “Landlord”, and Xxxxxxx & Xxxxxxx Group North America, Inc., as “Tenant”Closing Date, the undersigned hereby consents landlord under the Head Lease; (a) does not provide such consent to the sublease agreement (the “Sublease”) between Tenant, as “Sublessor”, and Aegerion Pharmaceuticals, Inc., as “Sublessee”, dated June 6, 2006. Provided, however, this consent shall not be deemed in any way to modify or amend any of the terms or provisions of the Lease, it being the intent and understanding of Landlord in executing this consent that the Sublease is, and shall be, subject and subordinate in all respects to the Lease, and that in the event of any conflict between the terms and conditions of the Lease and the terms and conditions of the Sublease, or a consent to the terms Sublease that is otherwise in form and conditions substance satisfactory to the Purchasers and the Purchasers' Counsel, acting reasonably; (b) indicates that it will not provide such a consent; (c) does not waive its right of first offer pursuant to Section 12.04 of the Head Lease; (d) terminates the Head Lease shall control as between Landlord and Tenant. Further, and notwithstanding any structuring of obligations and responsibilities between Tenant and Sublessee pursuant to the terms of the Sublease, in accordance with its terms; or (e) requests that Enlogix CIS L.P. vacate the provisions of Section 18 Sublease Premises (as defined in the Sublease), Enlogix CIS L.P. shall have the right to terminate the Sublease without penalty upon written notice to Union Gas Limited and the Vendor and the Vendor shall indemnify Enlogix CIS L.P. for any and all Liability that Enlogix CIS L.P. may incur arising or resulting from, or relating to, the failure to obtain that unconditional consent of the Lease, Tenant remains fully liable for landlord under the performance of all applicable obligations Head Lease to the Sublease and responsibilities the waiver of the “Tenant” under landlord's right of first offer pursuant to Section 12.04 of the Lease. FurtherHead Lease in accordance with this Section 5.1.15, this consent including all costs and expenses incurred by Landlord shall not Enlogix CIS L.P. in connection with moving their operations to new premises (which new premises will be deemed comparable in size, location and building quality to the Subleased Premises) and any excess rent or other payments required to be a waiver paid by Landlord of Enlogix CIS L.P. in connection with any new premises. In the event that Enlogix CIS L.P. exercises its right to approve any other subletting or assignmentterminate the Sublease in accordance with this Section 5.1.15, as set forth the Vendor shall be entitled to assist Enlogix CIS L.P. in the Lease. LANDLORD: GLB 3, L.L.C., a New Jersey limited liability partnership By: Glenborough Realty Trust Incorporated, a Maryland corporation, Its Manager By: /s/ [ILLEGIBLE] Its Executive Vice President Consent of Lessor The undersigned, GLB 3, L.L.C., Lessor under the Lease, hereby consents procuring premises that are comparable to the foregoing Sublease to be effective upon the execution of said instrument by Xxxxxxx & Xxxxxxx Group North America, Inc., lessee under the Lease, and by the above-named SublesseeSubleased Premises. GLB 3, L.L.C., a New Jersey limited liability partnership By: Glenborough Realty Trust Incorporated, a Maryland corporation, Its Manager By: /s/ [ILLEGIBLE] Date: June ARTICLE 6, 2006 EXHIBIT A Floor Plan of Premises [To be attached] EXHIBIT B Copy of Lease MASTER LEASE XXXXXX & XXXXXXX SUBLESSOR TABLE OF CONTENTS Page 1. LEASE OF PREMISES 1 2. DEFINITIONS 1 2.1 ANNUAL BASE RENT: 1 2.2 BASE YEAR 1 2.3 COMMENCEMENT DATE 1 2.4 COMMON AREA 1 2.5 EXPIRATION DATE 1 2.6 LANDLORD’S ADDRESS FOR NOTICE 2 2.7 LISTING AND LEASING AGENT(S) 2 2.8 MONTHLY INSTALLMENTS OF BASE RENT 2 2.9 NOTICE 2 2.10 PARKING 2 2.11 PREMISES 2 2.12 PROJECT 2 2.13 LAND 3 2.14 PARK 3 2.15 RENTABLE AREA 3 2.16 SECURITY DEPOSIT (Section 8.) 3 2.17 STATE 3 2.18 TENANT’S PROPORTIONATE SHARE 3 2.19 TENANT’S USE (Section 9.) 3 2.20 TERM 3 3. EXHIBITS AND ADDENDA 3 4. DELIVERY OF POSSESSION 4 5. INTENDED USE OF THE PREMISES 5 6. RENT 5 6.1 Payment of Rent 5 6.2 [Intentionally Deleted] 5 6.3 Determination and Payment of Tax Costs and Operating Expenses 8

Appears in 1 contract

Samples: Iii Purchase and Sale Agreement (Alliance Data Systems Corp)

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