FAILURE TO OBTAIN CONSENT. 11.1 In the event that the consent cannot be obtained for any reason not attributable to the default, neglect and/or omission on the part of the Purchaser and/or the Purchaser’s Agent and/or the Purchaser’s solicitors. The Contract of Sale shall with the written consent of MBSB, be deemed rescinded.
11.2 Upon such rescission MBSB shall refund to the Purchaser free of interest all monies received by MBSB from the Purchaser towards the account of the Purchase Price in exchange for the return of all documents intact (if any), free from interest less the costs and fees incurred by MBSB in connection with or in relation to the sale herein and the Purchaser shall not be entitled to any claims demands whatsoever against MBSB, the Solicitors, the Auctioneers of any party/ies on account thereof.
FAILURE TO OBTAIN CONSENT. The Franchisee fails, refuses or neglects to obtain the Franchisor’s prior written approval or consent as required by this Agreement;
FAILURE TO OBTAIN CONSENT. 11.1 In the event that the consent cannot be obtained for any reason not attributable to the default, neglect and/or omission on the part of the Purchaser and/or the Purchaser’s Agent and/or the Purchaser’s solicitors. The Contract of Sale shall with the written consent of ABB, be deemed rescinded.
11.2 Upon such rescission ABB shall refund to the Purchaser free of interest all monies received by ABB from the Purchaser towards the account of the Purchase Price in exchange for the return of all documents intact (if any), free from interest less the costs and fees incurred by ABB in connection with or in relation to the sale herein and the Purchaser shall not be entitled to any claims demands whatsoever against ABB, the Solicitors, the Auctioneers of any party/ies on account thereof.
FAILURE TO OBTAIN CONSENT. If, with respect to any Leased Property, at any time a Lease Consent is formally and unconditionally refused in writing, ESS Technology and Vialta shall commence good faith negotiations and use commercially reasonable efforts to resolve the impasse with the Landlord. Such reasonable efforts shall include:
6.1 If requested by the Landlord, ESS Technology shall provide a guaranty, surety or other security (including, without limitation, a letter of credit) for the obligations of the tenant under the Relevant Lease.
6.2 If requested by the Landlord, ESS Technology or its Subsidiary shall accept an assignment of the Relevant Lease from Vialta or its Subsidiary and concurrently sublease the Relevant Lease back to Vialta or its Subsidiary, upon terms and conditions reasonably acceptable to the parties; provided, however, that Vialta's duties and obligations under such sublease shall be (i) no greater than ESS Technology's under the Relevant Lease and (ii) consistent with the fair market terms provided for comparable subleases for comparable properties in the vicinity of the Leased Property.
6.3 If the Landlord will not agree to the alternatives in Sections 6.1 or 6.2, (i) Vialta shall have the right to enter into a new and separate lease for other space in the geographic area of the Leased Property ("NEW PREMISES"), (ii) Vialta and ESS Technology shall negotiate with the Landlord for a termination of the Relevant Lease, and (iii) ESS Technology shall be responsible for, and shall indemnify, defend and hold harmless Vialta and its Subsidiaries from, all costs, expenses, damages and liabilities as a consequence of (a) the negotiation of and early termination of the Relevant Lease, (b) any failure of Vialta or its Subsidiaries to promptly vacate the Leased Property, (c) any enforcement or forfeiture action threatened or prosecuted by Landlord with respect to an alleged or actual breach of the Relevant Lease on the basis of Vialta's failure to obtain a Lease Consent or any other matter arising out of Vialta's rights and duties under the Distribution Agreements and the Ancillary Agreements, and (d) any moving and relocation costs incurred by Vialta or its Subsidiaries to the New Premises.
FAILURE TO OBTAIN CONSENT. Any assignment of any interest in this Agreement made without fulfilling the foregoing requirements of this Article 15 will be null and void and will, after notice and passage without cure of the applicable period for cure, constitute an Event of Default under Article 9.
FAILURE TO OBTAIN CONSENT. If Tenant's causing, permitting or suffering to be done any act (i) required by this Lease to have the prior written consent of Landlord, unless such consent is so obtained; or (ii) prohibited by this Lease; or
FAILURE TO OBTAIN CONSENT. 11.1 In the event that the consent cannot be obtained for any reason not attributable to the default, neglect and/or omission on the part of the Purchaser and/or the Purchaser’s Agent and/or the Purchaser’s Solicitors. The Contract of Sale shall with the written consent of MBSB BANK BERHAD, be deemed rescinded.
11.2 Upon such rescission MBSB BANK BERHAD shall refund to the Purchaser free of interest all monies received by MBSB BANK BERHAD from the Purchaser towards the account of the Purchase Price in exchange for the return of all documents intact (if any), free from interest less the costs and fees incurred by MBSB BANK BERHAD in connection with or in relation to the sale herein and the Purchaser shall not be entitled to any claims demands whatsoever against MBSB, the Solicitors, the Auctioneers of any party/ies on account thereof.
FAILURE TO OBTAIN CONSENT. If for any reason, Moneyline using all reasonable commercial endeavors, is unable to obtain the Requisite Consent, Reuters’ or the applicable member of the Reuters Group’s right to occupation to the applicable Equipment Location shall cease immediately and Moneyline shall have no obligation to provide to Reuters or a member of the Reuters Group any alternative Equipment Location.
FAILURE TO OBTAIN CONSENT. In the event all Required Consents have not been obtained at least two (2) days prior to the Outside Closing Date (as the same may be extended in accordance with the terms of Paragraph 18 hereof), this Agreement shall be terminated (in which case the provisions of Paragraph 9(c) of this Agreement shall govern).
FAILURE TO OBTAIN CONSENT. Any purported assignment, encumbrance, hypothecation, or transfer of this Lease or subletting of the Premises without prior written consent of Landlord shall be void and shall at the option of Landlord, constitute a material default and enable Landlord to terminate this Lease.
