Effect of Failure to Consent. If Tenant shall request Landlord's consent and Landlord shall fail or refuse to give such consent, Tenant shall not be entitled to any damages for any withholding by Landlord of its consent, it being intended that Tenant's sole remedy shall be an action for specific performance or injunction, and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not unreasonably to withhold its consent or where as a matter of law Landlord may not unreasonably withhold its consent.
Appears in 2 contracts
Samples: Lease Agreement (Znomics, Inc.), Lease Agreement (Znomics, Inc.)
Effect of Failure to Consent. If Tenant shall request Landlord's ’s consent and Landlord shall fail or refuse to give such consent, Tenant shall not be entitled to any damages for any withholding by Landlord of its consent, it being intended that Tenant's ’s sole remedy shall be an action for specific performance or injunction, and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not unreasonably to withhold its consent or where as a matter of law Landlord may not unreasonably withhold its consent.
Appears in 2 contracts
Samples: Lease Amendment (Mathstar Inc), Office Lease Agreement (Mathstar Inc)
Effect of Failure to Consent. If Tenant shall request requests Landlord's ’s consent pursuant to any provision of this Lease and Landlord shall fail fails or refuse refuses to give such consent, Tenant shall not be entitled to any damages for any withholding by Landlord as a result of its consentsuch failure or refusal, whether or not unreasonable, it being intended that Tenant's ’s sole remedy shall be an action for specific performance or injunction, and that such remedy shall be available only in those cases where in which Landlord has in fact acted unreasonably and has expressly agreed in writing not unreasonably to withhold its consent or where as a matter of law Landlord may not unreasonably withhold its consentconsent as a matter of law.
Appears in 2 contracts
Samples: Lease Agreement, Office Lease Agreement (Jive Software, Inc.)