Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial Center, (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, or increasing the expenses associated with operating, maintaining and repairing the Industrial Center, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii) is negotiating with Landlord to lease space in the Building at such time, or (iii) has negotiated with Landlord during the 12 month period immediately preceding the Tenant’s Notice, or (j) the proposed Transferee will use, store or handle Hazardous Substances in or about the Premises of a type, nature or quantity not then acceptable to Landlord.
Appears in 3 contracts
Samples: Lease (Pacific Biosciences of California Inc), Lease (Pacific Biosciences of California Inc), Lease (Pacific Biosciences of California Inc)
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periodsperiods or at any time during the Term of this Lease Tenant has been in Chronic Default, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease prohibited, or differs from the uses permitted permitted, under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to itPremises, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial CenterProject, (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, or increasing the expenses associated with operating, maintaining and repairing the Industrial Center, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii1) is negotiating with Landlord to lease space in the Building at such time, time or (iii2) has negotiated with Landlord during the 12 four (4) month period immediately preceding the Tenant’s Notice, (i) the rent proposed to be charged by Tenant to the proposed Transferee during the term of such Transfer, calculated using a present value analysis, is less than seventy percent (70%) of the rent then being quoted by Landlord, at the proposed time of such Transfer, for comparable space in the Building or any other Building in the Project for a comparable term, calculated using a present value system, or (j) the proposed Transferee will use, store or handle Hazardous Substances in or about the Premises Materials (defined below) of a type, nature or quantity not then acceptable to Landlordbeing used by Tenant.
Appears in 2 contracts
Samples: Lease Agreement (GigOptix, Inc.), Lease Agreement (Endwave Corp)
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periodsperiods or at any time during the Term of this Lease Tenant has been in Chronic Default, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease prohibited, or differs from the uses permitted permitted, under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to itPremises, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial CenterProject, (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, or increasing the expenses associated with operating, maintaining and repairing the Industrial Center, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii1) is negotiating with Landlord to lease space in the Building at such time, time or (iii2) has negotiated with Landlord during the 12 three (3) month period immediately preceding the Tenant’s Notice, (i) the rent proposed to be charged by Tenant to the proposed Transferee during the term of such Transfer, calculated using a present value analysis, is less than sixty percent (60%) of the rent then being quoted by Landlord, at the proposed time of such Transfer, for comparable space in the Building or any other Building in the Project for a comparable term, calculated using a present value system, or (j) the proposed Transferee will use, store or handle Hazardous Substances in or about the Premises Materials (defined below) of a type, nature or quantity not then acceptable to Landlordbeing used by Tenant.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Restoration Robotics Inc)
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been then currently in default of its obligations under this Lease beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s reasonable conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial Centerunit, (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord or Landlord’s agent has shown space in the Industrial Center to the proposed Transferee or responded to any inquiries from the proposed Transferee or the proposed Transferee’s agent concerning availability of space in the Industrial Center, at any time within the preceding six (6) months, (i) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, or increasing the expenses associated with operating, maintaining and repairing the Industrial Center, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii) is negotiating with Landlord to lease space in the Building at such time, or (iii) has negotiated with Landlord during the 12 month period immediately preceding the Tenant’s Notice, or (j) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not then acceptable to Landlord.
Appears in 1 contract
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this LeaseLease and Landlord in its sole but reasonable discretion does not approve the use of the Transferee, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer "Plans and Specifications”") and obtain Landlord’s 's written consent thereto, and (2) comply with all Landlord’s 's conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s 's business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial CenterProject, (g) the proposed Transfer would violate any “"exclusive” " rights of any occupants in the Industrial Center Project or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord or Landlord's agent has shown space in the Project to the proposed Transferee or responded to any inquiries from the proposed Transferee or the proposed Transferee's agent concerning availability of space in the Project, at any time within the preceding twelve (12) months and such space is still available, (i) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial CenterProject, or increasing the expenses associated with operating, maintaining and repairing the Industrial CenterProject, (ij) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii) is negotiating with Landlord to lease space in the Building at such time, or (iii) has negotiated with Landlord during the 12 month period immediately preceding the Tenant’s Notice's Notice for space that is still available, (k) the rent proposed to be charged by Tenant to the proposed Transferee during the term of such Transfer, calculated using a present value analysis, is less than ninety-five percent (95%) of the rent then being quoted by Xxxxxxxx, at the proposed time of such Transfer, for comparable space in the Building or any other Building in the Project for a comparable term, calculated using a present value system, or (jl) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not then acceptable to Landlord.
Appears in 1 contract
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease prohibited, or differs materially from the uses permitted permitted, under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to itPremises, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history reputation or creditworthiness or the character of the business to be conducted by at the Premises (provided, however, that so long as Tenant will remain in existence and primarily liable under this Lease from and after a proposed Transfer, then Landlord shall take into account both Tenant’s creditworthiness and the proposed Transferee at the PremisesTransferee’s creditworthiness), (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial CenterProject, (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, or increasing the expenses associated with operating, maintaining and repairing the Industrial Center, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii) is negotiating with Landlord to lease space in the Building at such time, or (iii) has negotiated with Landlord during the 12 month period immediately preceding the Tenant’s Notice, or (j) the proposed Transferee will use, store or handle Hazardous Substances in or about the Premises Materials (defined below) of a type, nature or quantity not then acceptable permitted under this Lease, (i) Landlord’s lender does not consent to Landlordsuch Transfer or such Transfer creates a violation under any loan encumbering the Project, (j) either the Transfer or any consideration payable to Landlord in connection therewith adversely affects the real estate investment trust qualification tests applicable to Landlord or its affiliates, or (k) the proposed Transferee is involved in litigation with Landlord or any of its affiliates.
Appears in 1 contract
Samples: Lease Agreement (Ambarella Inc)
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periodsa Default then exists, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history creditworthiness of, or creditworthiness or the character of the business to be conducted by use proposed by, the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial Centerunit, (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center R&D Park or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial CenterR&D Park, or increasing the expenses associated with operating, maintaining and repairing the Industrial Center, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii) is negotiating with Landlord to lease space in the Building at such timeR&D Park, or (iii) has negotiated with Landlord during the 12 month period immediately preceding the Tenant’s Notice, or (ji) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not then acceptable to Landlordthat could materially adversely affect the value of the Building or R&D Park.
Appears in 1 contract
Samples: R&d Lease (Harmonic Inc)
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer "Plans and Specifications”") and obtain Landlord’s 's written consent thereto, and (2) comply with all Landlord’s 's conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s 's business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial CenterProject, (g) the proposed Transfer would violate any “"exclusive” " rights of any occupants in the Industrial Center Project or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord or Landlord's agent has shown space in the Project to the proposed Transferee or responded to any inquiries from the proposed Transferee or the proposed Transferee's agent concerning availability of space in the Project, at any time within the preceding six (6) months, (i) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial CenterProject, or increasing the expenses associated with operating, maintaining and repairing the Industrial CenterProject, (ij) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, or (ii) is negotiating with Landlord to lease space in the Building at such time, or (iiik) has negotiated with Landlord the Transfer occurs during the 12 month time period immediately preceding between the Tenant’s NoticeCommencement Date and the date that at least ninety percent (90%) of the rentable square feet of the Building is leased, (l) the rent proposed to be charged by Tenant to the proposed Transferee during the term of such Transfer, calculated using a present value analysis, is less than ninety-five percent (95%) of the rent then being quoted by Landlord, at the proposed time of such Transfer, for comparable space in the Building or any other Building in the Project for a comparable term, calculated using a present value system, or (jm) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not then acceptable to Landlord.
Appears in 1 contract
Samples: Lease Agreement (Abaxis Inc)
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted Permitted Uses under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1i) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2ii) comply with all Landlord’s conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history history, reputation or creditworthiness (unless such Transferee has shareholders’ equity and unrestricted cash at least equal to Tenant’s shareholders’ equity and unrestricted cash on the date on which Landlord receives Tenant’s Notice (“Consent Request Date”), as measured at the then most recent quarter end of each), or reasonably disapproves of the character of the business to be conducted by the proposed Transferee at the PremisesPremises (unless such business is within the Permitted Uses under this Lease), (f) the proposed Transferee is (i) a governmental agency or unit or (ii) an existing tenant in the Industrial CenterProject with one or more leases in the Project, with aggregate rentable square footage greater than the aggregate rentable square footage Tenant proposes to assign to the proposed Transferee, which leases will expire within ninety (90) days after the Consent Request Date and such existing tenant is not or has not previously been in default of its lease, provided this subsection 14.3(f)(ii) shall not be applicable in the event at least ninety-percent (90%) of the rentable square footage of the Project is leased at the Consent Request Date (the “Minimum Rental Percentage”), (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center Project or cause Landlord to violate another agreement or obligation to which Landlord is then a party or otherwise subject, (h) Landlord or Landlord’s agent has shown space in the Project to the proposed Transferee at any time within the ninety (90) day period immediately preceding the Consent Request Date, and the Minimum Rental Percentage is not met at that date, (i) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, or of materially increasing the expenses associated with operating, maintaining and repairing the Industrial CenterProject, (ij) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: , (i) occupies space in the Building at Project on the time of the request for consent, Consent Request Date or (ii) is negotiating with Landlord to lease space in the Building at such time, or (iii) has negotiated with Landlord for a lease of premises in the Project during the 12 month ninety (90) day period immediately preceding the Tenant’s NoticeConsent Request Date, provided this subsection 14.3(j) shall only be applicable in the event the Minimum Rental Percentage is not met at that date, (k) the per rentable square foot rent proposed to be charged by Tenant to the proposed Transferee during the term of such Transfer, calculated using a present value analysis, is less than ninety percent (90%) of the lowest per rentable square foot rent agreed to in a lease entered into by Landlord within the ninety (90) day period immediately preceding the Consent Request Date, for comparable space in the Building, or in any other Building in the Project, for a comparable term, unless the Minimum Rental Percentage is not met at that date, in which case this subsection 14.3(k) shall not be applicable, or (jl) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not then acceptable to Landlord, unless the Landlord has previously consented to another tenant in the Project using, storing or handling the type, nature and quantity of such Hazardous Materials.
Appears in 1 contract
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer "Plans and Specifications”") and obtain Landlord’s 's written consent thereto, and (2) comply with all Landlord’s 's conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s 's business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial CenterProject, (g) the proposed Transfer would violate any “"exclusive” " rights of any occupants in the Industrial Center Project or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord or Landlord's agent has shown space in the Project to the proposed Transferee or responded to any inquiries from the proposed Transferee or the proposed Transferee's agent concerning availability of space in the Project, at any time within the preceding six (6) months, (i) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial CenterProject, or increasing the expenses associated with operating, maintaining and repairing the Industrial CenterProject, (ij) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, or (ii) is negotiating with Landlord to lease space in the Building at such time, or (iiik) has negotiated with Landlord the Transfer occurs during the 12 month time period immediately preceding between the Tenant’s NoticeCommencement Date and the date that at least ninety percent (90%) of the rentable square feet of the Building is leased, (l) the rent proposed to be charged by Tenant to the proposed Transferee during the term of such Transfer, calculated using a present value analysis, is less than ninety- five percent (95%) of the rent then being quoted by Landlord, at the proposed time of such Transfer, for comparable space in the Building or any other Building in the Project for a comparable term, calculated using a present value system, or (jm) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not then acceptable to Landlord.
Appears in 1 contract
Samples: Lease Agreement (Abaxis Inc)
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial Centeragency, (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, or increasing the expenses associated with operating, maintaining and repairing the Industrial Center, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i1) occupies space in the Building Industrial Center at the time of the request for consent, or (ii2) is then negotiating with Landlord to lease space in the Building at such timeIndustrial Center or has, or (iii) has negotiated with Landlord during the 12 6 month period immediately preceding the Tenant’s Notice, communicated with Landlord or Landlord’s Broker as to the availability of space in the Industrial Center and Landlord has at the relevant time, space available within the Industrial Center to meet the Transferee’s space requirements, or (j) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not then acceptable to Landlord.
Appears in 1 contract
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (ai) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods, ; (bii) ) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (ciii) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1a) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2b) comply with all Landlord’s conditions contained in such consent, (div) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (ev) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial Center, (gvi) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, or (hvii) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, or increasing the expenses associated with operating, maintaining and repairing the Industrial Center, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii) is negotiating with Landlord to lease space in the Building at such time, or (iii) has negotiated with Landlord during the 12 month period immediately preceding the Tenant’s Notice, or (j) the proposed Transferee will use, store or handle Hazardous Substances in or about the Premises of a type, nature or quantity not then acceptable to LandlordBuilding.
Appears in 1 contract
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been materially and chronically in default of its obligations under this Lease beyond applicable notice and cure periods, as determined in Landlord’s reasonable discretion, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s reasonable conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial Centerunit, (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, Premises or increasing the expenses associated with operating, maintaining and repairing the Industrial Center, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii) is negotiating with Landlord to lease space in the Building at such timePremises, or (iii) has negotiated with Landlord during the 12 month period immediately preceding the Tenant’s Notice, or (ji) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not then acceptable to Landlord.
Appears in 1 contract
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial CenterProject, (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center Project or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord or Landlord’s agent has shown space in the Project to the proposed Transferee or responded to any inquiries from the proposed Transferee or the proposed Transferee’s agent concerning availability of space in the Project, at any time within’ the preceding four (4) months, (i) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial CenterProject, or increasing the expenses associated with operating, maintaining and repairing the Industrial CenterProject, (ij) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii) is negotiating with Landlord to lease space in the Building at such time, or (iii) has negotiated with Landlord during the 12 month period immediately preceding the Tenant’s Notice, or (jk) the rent proposed to be charged by Tenant to the proposed Transferee will useduring the term of such Transfer, store or handle Hazardous Substances in or about calculated using a present value analysis, is less than ninety-five percent (95%) of the Premises rent then being quoted by Landlord, at the proposed time of a typesuch Transfer, nature or quantity not then acceptable to Landlord.for comparable space in
Appears in 1 contract
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer "Plans and Specifications”") and obtain Landlord’s 's written consent thereto, and (2) comply with all Landlord’s 's conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s 's business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial CenterProject, (g) Landlord or Landlord's agent has shown space in the Project to the proposed Transfer would violate Transferee or responded to any “exclusive” rights inquiries from the proposed Transferee or the proposed Transferee's agent concerning availability of any occupants space in the Industrial Center or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subjectProject, at any time within the preceding six (6) months, (h) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial CenterProject, or increasing the expenses associated with operating, maintaining and repairing the Industrial CenterProject, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, (the proposed Transferee: , (i1) occupies space in the Building Project at the time of the request for consent, (ii2) is negotiating with Landlord to lease space in the Building Project at such time, or (iii3) has negotiated with Landlord during the 12 month period immediately preceding the Tenant’s Notice, 's Notice or (j) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not then acceptable to Landlord.
Appears in 1 contract
Samples: Lease Agreement (Loudcloud Inc)
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (( the “Transfer "Plans and Specifications”") and obtain Landlord’s 's written consent thereto, and (2) comply with all Landlord’s 's reasonable conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion the majority of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s 's business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial CenterProject (unless Landlord has no comparable space for Lease), (g) the proposed Transfer would violate any “"exclusive” " rights of any occupants in the Industrial Center Project or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord or Landlord's agent has shown space in the Project to the proposed Transferee or responded to any inquiries from the proposed Transferee or the proposed Transferee's agent concerning availability of space in the Project, at any time within the preceding six (6) months, (i) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial CenterProject, or increasing the expenses associated with operating, maintaining and repairing the Industrial CenterProject, (ij) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: Transferee (i) occupies space in the Building at the time of the request for consent, (ii) is negotiating in active negotiations with Landlord to lease space in the Building at such time, or (iii) has negotiated with Landlord during the 12 6 month period immediately preceding the Tenant’s Notice's Notice for available space, (k) the rent proposed to be charged by Tenant to the proposed Transferee during the term of such Transfer, calculated using a present value analysis, is less than ninety-five percent (95%) of the rent then being negotiated by Landlord, at the proposed time of such Transfer, for comparable space in the Building or any other Building in the Project for a comparable term, calculated using a present value system, or (jl) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not then reasonably acceptable to Landlord.
Appears in 1 contract
Samples: Lease Agreement (New Focus Inc)
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periodsperiods or at any time during the Term of this Lease Tenant has been in Chronic Default, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease prohibited, or differs from the uses permitted permitted, under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to itPremises, (e) Landlord reasonably disapproves of the proposed Transferee’s 's business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial Centerunit, (g) the proposed Transfer would violate any “exclusive” rights of any occupants Transferee is an existing tenant in the Industrial Ridder Park Technology Center or cause and Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subjecthas comparable space available for lease within the Ridder Park Technology Center, (h) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, or increasing the expenses associated with operating, maintaining and repairing the Industrial Centerintentionally deleted, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii1) is negotiating with Landlord to lease space in the Building Ridder Park Technology Center at such time, time or (iii2) has negotiated with Landlord during the 12 four (4) month period immediately preceding the Tenant’s Notice's Notice and Landlord has comparable space available for Lease within the Ridder Park Technology Center, (j) intentionally deleted, or (jk) the proposed Transferee will use, store or handle Hazardous Substances in or about the Premises Materials (defined below) of a type, nature or quantity not then acceptable to Landlordbeing used by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Spansion Inc.)
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial CenterProject, (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center Project or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord or Landlord’s agent has shown space in the Project to the proposed Transferee or responded to any inquiries from the proposed Transferee or the proposed Transferee’s agent concerning availability of space in the Project, at any time within the preceding six (6) months, (i) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial CenterProject, or increasing the non-reimbursable expenses associated with operating, maintaining and repairing the Industrial CenterProject, (ij) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, consent or (ii) is negotiating with Landlord to lease space in the Building at such time, or (iii) has negotiated with Landlord during the 12 month period immediately preceding the Tenant’s Notice, or (jk) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not then acceptable to Landlord.
Appears in 1 contract
Samples: Lease Agreement (Alphasmart Inc)
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer "Plans and Specifications”") and obtain Landlord’s 's written consent thereto, and (2) comply with all Landlord’s 's conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s 's business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial Center, (g) the proposed Transfer would violate any “"exclusive” " rights of any occupants in the Industrial Center or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord or Landlord's agent has shown space in the Industrial Center to the proposed Transferee or responded to any inquiries from the proposed Transferee or the proposed Transferee's agent concerning availability of space in the Industrial Center, at any time within the preceding six (6) months, (i) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, or increasing the expenses associated with operating, maintaining and repairing the Industrial Center, (ij) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii) is negotiating with Landlord to lease space in the Building at such time, or (iii) has negotiated with Landlord during the 12 six (6) month period immediately preceding the Tenant’s 's Notice, (k), or (j1) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not then acceptable to Landlord.
Appears in 1 contract
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease prohibited, or differs from the uses permitted permitted, under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to itPremises, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial CenterProject, (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, or increasing the expenses associated with operating, maintaining and repairing the Industrial Center, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii1) is negotiating with Landlord to lease space in the Building at such time, time or (iii2) has negotiated with Landlord during the 12 twelve (12) month period immediately preceding the Tenant’s Notice, or (ji) the proposed Transferee will use, store or handle Hazardous Substances in or about the Premises Materials (defined below) of a type, nature or quantity not then acceptable to Landlordbeing used by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Gsi Group Inc)
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periodsa Default then exists, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer "Plans and Specifications”") and obtain Landlord’s 's written consent thereto, and (2) comply with all Landlord’s 's conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s 's business operating ability or history creditworthiness of, or creditworthiness or the character of the business to be conducted by use proposed by, the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial Centerunit, (g) the proposed Transfer would violate any “"exclusive” " rights of any occupants in the Industrial Center R&D Park or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial CenterR&D Park, or increasing the expenses associated with operating, maintaining and repairing the Industrial Center, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii) is negotiating with Landlord to lease space in the Building at such timeR&D Park, or (iii) has negotiated with Landlord during the 12 month period immediately preceding the Tenant’s Notice, or (ji) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not then acceptable to Landlordthat could materially adversely affect the value of the Building or R&D Park.
Appears in 1 contract
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial Centerunit, (g) Landlord or Landlord’s agent has shown space in the Project to the proposed Transfer would violate Transferee or responded to any “exclusive” rights inquiries from the proposed Transferee or the proposed Transferee’s agent concerning availability of any occupants space in the Industrial Center or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subjectProject, at any time within the preceding three (3) months, (h) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the any Building or the Industrial CenterProject, or increasing the expenses associated with operating, maintaining and repairing the Industrial CenterProject, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: Transferee (i1) occupies space in the Building Project at the time of the request for consent, (ii2) is negotiating with Landlord to lease space in the Building Project at such time, or (iii3) has negotiated with Landlord during the 12 three (3)- month period immediately preceding the Tenant’s Notice, unless Landlord does not have space in the Project reasonably suitable for the proposed Transferee’s need, or (j) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not then acceptable to Landlord.
Appears in 1 contract
Samples: Lease Agreement (Linkedin Corp)
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods or at any time during the twelve month period prior to the Transfer, Tenant has been in material default beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease prohibited, or differs from the uses permitted permitted, under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with agrees to pay the cost of such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s conditions contained in such consentrequirements, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to itPremises, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial CenterProject and Landlord has space in the Project that will satisfy the existing tenant’s needs, (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, or increasing the expenses associated with operating, maintaining and repairing the Industrial Center, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii1) is negotiating with Landlord to lease space in the Building Park at such time, time or (iii2) has negotiated with Landlord during the 12 four (4) month period immediately preceding the Tenant’s Notice, and in either case Landlord has space to satisfy the Transferee’s facilities needs, (i) intentionally deleted, or (j) the proposed Transferee will use, store or handle Hazardous Substances in or about the Premises Materials (defined below) of a type, nature or quantity not then acceptable to Landlordbeing used by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Proofpoint Inc)
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periodsa Default (as defined below) then exists, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial Business Center, (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Business Center or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord or Landlord’s agent has shown comparable space in the Business Center to the proposed Transferee or responded to any inquiries from the proposed Transferee or the proposed Transferee’s agent concerning availability of space in the Business Center, at any time within the preceding six (6) months and Landlord has space available in the Business Center for lease to such tenant, (i) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Business Center, or increasing the expenses associated with operating, maintaining and repairing the Industrial Business Center, (ij) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii) is negotiating with Landlord to lease space in the Building at such time, or (iii) has negotiated with Landlord during the 12 month period immediately preceding the Tenant’s Notice, or (jk) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not then acceptable to Landlordthat could materially and adversely affect the value of the Building or Business Center.
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Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (ai) Tenant is or has been in default of its obligations Default under this Lease beyond applicable notice and cure periods, (bii) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease Lease, or materially differs from the uses permitted under this Lease, (ciii) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1a) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2b) comply with all Landlord’s conditions contained in such consent, including a request for a personal guaranty, (div) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (ev) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (fvi) Landlord or Landlord’s agent has shown space in the Building to the proposed Transferee or responded to any inquiries from the proposed Transferee or the proposed Transferee’s agent concerning availability of space in the Building, at any time within the preceding six (6) months, (vii) the Transferee or any of its legal predecessors has been required by any prior landlord, lender or governmental authority at any time to take remedial action in connection with Hazardous Materials contaminating a property which contamination was permitted by Transferee or such predecessor or resulted from Transferee’s or such predecessor’s action or use of the property in question, (viii) Transferee is subject to any enforcement order issued by any governmental authority in connection with the use, storage, handling, treatment, generation, release or disposal of Hazardous Materials (including, without limitation, any order related to the failure to make a required reporting to any governmental authority), (ix) Transferee may fail to take occupancy or otherwise cause a breach of Section 19.1, (x) if a sublease, the proposed Transfer is for a rental rate, calculated on a per- square-foot basis, which is for less than eighty five percent (85%) of the total Rent applicable to the Subject Space under this Lease, (xi) the proposed Transferee is currently a governmental agency or unit or an existing tenant in within the Industrial Center, (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, or increasing the expenses associated with operating, maintaining and repairing the Industrial Center, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii) is negotiating with Landlord to lease space in the Building at such timeProject, or (iiixii) has negotiated with Landlord during the 12 month period immediately preceding the Tenant’s Notice, or (j) net worth of the proposed Transferee will use, store is deemed to be insufficient for the proposed sublease or handle Hazardous Substances assignment as determined by Landlord in or about the Premises of a type, nature or quantity not then acceptable to Landlordits commercially reasonable judgment.
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Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted Permitted Uses under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1i) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2ii) comply with all Landlord’s conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history history, reputation or creditworthiness (unless such Transferee has shareholders’ equity and unrestricted cash at least equal to Tenant’s shareholders’ equity and unrestricted cash on the date on which Landlord receives Tenant’s Notice (“Consent Request Date”), as measured at the then most recent quarter end of each), or reasonably disapproves of the character of the business to be conducted by the proposed Transferee at the PremisesPremises (unless such business is within the Permitted Uses under this Lease), (f) the proposed Transferee is (i) a governmental agency or unit or (ii) an existing tenant in the Industrial CenterProject with one or more leases in the Project, with aggregate rentable square footage greater than the aggregate rentable square footage Tenant proposes to assign to the proposed Transferee, which leases will expire within ninety (90) days after the Consent Request Date and such existing tenant is not or has not previously been in default of its lease, provided this subsection 14.3(f)(ii) shall not be applicable in the event at least ninety-percent (90%) of the rentable square footage of the Project is leased at the Consent Request Date (the “Minimum Rental Percentage”), (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center Project or cause Landlord to violate another agreement or obligation to which Landlord is then a party or otherwise subject, (h) Landlord or Landlord’s agent has shown space in the Project to the proposed Transferee at any time within the ninety (90) day period immediately preceding the Consent Request Date, and the Minimum Rental Percentage is not met at that date, (i) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, or of materially increasing the expenses associated with operating, maintaining and repairing the Industrial CenterProject, (ij) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: , (i) occupies space in the Building at Project on the time of the request for consent, Consent Request Date or (ii) is negotiating with Landlord to lease space in the Building at such time, or (iii) has negotiated with Landlord for a lease of premises in the Project during the 12 month ninety (90) day period immediately preceding the Tenant’s NoticeConsent Request Date, provided this subsection 14.3(j) shall only be applicable in the event the Minimum Rental Percentage is not met at that date, (k) the per rentable square foot rent proposed to be charged by Tenant to the proposed Transferee during the term of such Transfer, calculated using a present value analysis, is less than ninety percent (90%) of the lowest per rentable square foot rent agreed to in a lease entered into by Landlord within the ninety (90) day period immediately preceding the Consent Request Date, for comparable space in the Building, or in any other Building in the Project, for a comparable term, unless the Minimum Rental Percentage is not met at that date, in which case this subsection 14.3(k) shall not be applicable, or (ji) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not then acceptable to Landlord, unless the Landlord has previously consented to another tenant in the Project using, storing or handling the type, nature and quantity of such Hazardous Materials.
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Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periodsperiods or at any time during the Term of this Lease Tenant has been in Chronic Default, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease prohibited, or differs from the uses permitted permitted, under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to itPremises, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or or, to the extent that Landlord has comparable space available for lease within the Project, an existing tenant in the Industrial CenterProject, (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, or increasing the expenses associated with operating, maintaining and repairing the Industrial Center, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii1) is negotiating with Landlord to lease space in the Building at such time, time or (iii2) has negotiated with Landlord during the 12 four (4) month period immediately preceding the Tenant’s Notice, and comparable space is available for lease from Landlord within the Project, or (ji) the proposed Transferee will use, store or handle Hazardous Substances in or about the Premises Materials (defined below) of a type, nature or quantity not then acceptable to Landlordbeing used by Tenant.
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Samples: Lease Agreement (Meru Networks Inc)
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is or has been in default of its obligations under this Lease beyond applicable notice and cure periods, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history history, reputation or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial Center, (g) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord or Landlord’s agent has shown space in the Industrial Center to the proposed Transferee or responded to any inquiries from the proposed Transferee or the proposed Transferee’s agent concerning availability of space in the Industrial Center, at any time within the preceding six (6) months, (i) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, or materially increasing the expenses associated with operating, maintaining and repairing the Industrial Center, (ij) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii) is negotiating with Landlord to lease space in the Building at such time, or (iii) has negotiated with Landlord during the 12 6 month period immediately preceding the Tenant’s Notice, or (jk) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not reasonably then acceptable to Landlord.
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Samples: Industrial Lease (InvenSense Inc)
Criteria for Consent. Tenant acknowledges and agrees that, among other circumstances for which Landlord could reasonably withhold consent to a proposed Transfer, it shall be reasonable for Landlord to withhold its consent where (a) Tenant is in Default or has been in default Chronic Default at the time of its obligations under this Lease beyond applicable notice and cure periodsrequest for consent to a proposed Transfer or at the time that the proposed Transfer would be effective, (b) the use to be made of the Premises by the proposed Transferee is prohibited under this Lease or differs from the uses permitted under this Lease, (c) the proposed Transferee or its business is subject to compliance with additional requirements of the ADA beyond those requirements which are applicable to Tenant, unless the proposed Transferee shall (1) first deliver plans and specifications for complying with such additional requirements (the “Transfer Plans and Specifications”) and obtain Landlord’s written consent thereto, and (2) comply with all Landlord’s conditions contained in such consent, (d) the proposed Transferee does not intend to occupy a substantial portion of the Premises assigned or sublet to it, (e) Landlord reasonably disapproves of the proposed Transferee’s business operating ability or history or creditworthiness or the character of the business to be conducted by the proposed Transferee at the Premises, (f) the proposed Transferee is a governmental agency or unit or an existing tenant in the Industrial Center, (ge) the proposed Transfer would violate any “exclusive” rights of any occupants in the Industrial Center Project or cause Landlord to violate another agreement or obligation to which Landlord is a party or otherwise subject, (h) Landlord otherwise reasonably determines that the proposed Transfer would have the effect of decreasing the value of the Building or the Industrial Center, or increasing the expenses associated with operating, maintaining and repairing the Industrial Center, (i) either the proposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee: (i) occupies space in the Building at the time of the request for consent, (ii) is negotiating with Landlord to lease space in the Building at such time, or (iii) has negotiated with Landlord during the 12 month period immediately preceding the Tenant’s Notice, or (jf) the proposed Transferee will use, store or handle Hazardous Substances Materials (defined below) in or about the Premises of a type, nature or quantity not then acceptable to Landlord, in its sole and absolute discretion.
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