Landlord Consent Required. The Tenant is required to submit a written request to the Landlord for permission to perform any altera- tions. Prior to performing any alterations, Xxxxxx must have the Landlord’s consent in writing. Landlord shall have the right to inspect the Premises to determine whether it has been altered or redecorated without consent, or whether such alterations and redecoration, if done with written consent, have been properly completed in a good and workmanlike manner. Any alterations, repairs or replacements which have been permitted, are to be done with a quality of materials and workmanship comparable to those which currently exist on the Premises.
Landlord Consent Required. Subject to Sections 13.5 and 13.6 below, Tenant shall not voluntarily or by operation of law, (a) mortgage, pledge, hypothecate or encumber this Lease or any interest therein, or (b) assign or transfer this Lease or any interest herein, sublease the Premises or any part thereof or any right or privilege appurtenant thereto, or allow any other person (the employees and invitees of Tenant excepted) to occupy or use the Premises, or any portion thereof, without first obtaining the written consent of Landlord, which consent shall not be withheld unreasonably provided that (i) Tenant is not then in Default under this Lease nor is any event then occurring, with the giving of notice or the passage of time, or both, would constitute a Default hereunder, and (ii) Tenant has not previously assigned or transferred this Lease or any interest herein or subleased the Premises or any part thereof. A transfer of greater than fifty percent (50%) interest (whether stock, partnership interest, membership interest or otherwise) of Tenant, either in one (1) transaction or a series of transactions shall be deemed to be an assignment under this Lease. For the purposes of this Article 13, the Landlord’s written consent to any assignment or transfer of this Lease or sublease of all or a portion of the Premises without the prior approval of the Alameda City Council shall be void, invalid, of no force and effect and deemed to be a breach of this Lease. Any consent issued to the Tenant without evidence of prior City Council approval shall be void, invalid, shall not constitute Landlord’s required consent under this Article 13. Notwithstanding the foregoing, Xxxxxxxx’s consent with respect to subsection (a) above may be authorized by City Manager without further City Council approval, unless otherwise directed by the City Council by resolution or ordinance, in which case such resolution or ordinance shall control. For clarity, the Alameda City Council shall be deemed to have approved any such assignment or transfer of this Lease or sublease of all or a portion of the Premises if approved by a vote of a simple majority of the council (e.g. in 2022 terms three affirmative votes) at a noticed public meeting of the Alameda City Council, unless otherwise required by law, including the City Charter. Xxxxxxxx agrees to use best efforts to place on the City Council agenda any request for approval by the Alameda City Council within sixty (60) days of receipt of the Tenant’s request. In no even...
Landlord Consent Required. Tenant shall not assign, transfer, mortgage or otherwise encumber this Lease or its interest therein, or sublet, rent or permit anyone to occupy the Premises, or any part thereof, without giving Landlord thirty (30) days' prior written notice of Tenant's intention to assign or sublet the Premises and obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld. The consent by Landlord to any assignment or subletting shall not be construed as a waiver or release of Tenant from liability for the performance of all covenants and obligations to be performed by Tenant under this Lease, nor shall the collection or acceptance of rent from any assignee, subtenant or occupant constitute a waiver or release of Tenant from any of its liabilities or obligations under this Lease. Landlord's consent to any assignment or subletting shall not be construed as relieving Tenant from the obligation of obtaining Landlord's prior written consent to any subsequent assignment or subletting. If an Event of Default has occurred and is continuing, Tenant hereby assigns to Landlord the rent due from any subtenant of Tenant and hereby authorizes each such subtenant to pay said rent directly to Landlord.
Landlord Consent Required. Following installation of the initial Tenant Improvements, Tenant shall not make any alterations, improvements, or additions (each an “Alteration”) in or about the Premises or Building without the prior written consent of Landlord, which consent will not be unreasonably withheld, conditioned or delayed. Tenant’s notice to Landlord seeking Landlord’s consent to Alterations shall be subject to the terms and conditions of Section 28.27 of this Lease. Xxxxxxxx’s deemed approval of Alterations in accordance with the terms and conditions of Section 28.27 will not bind the City of Alameda building department in its independent review of any Tenant application for a building permit related to Landlord deemed approved Alterations. Landlord agrees Tenant shall have the right to make limited alterations and improvements to the Premises upon prior written notice to, but without the consent of, Landlord provided that such alterations and improvements to the Premises: (a) are less than $500,000 in estimated cost, and (b) do not affect the structural portion of the Building or the systems serving the Building, and (c) are performed in full compliance with the terms of this Lease, including the requirement to obtain if applicable to such work a building permit from the City of Alameda, a copy of which building permit shall be provided to Landlord’s property manager in advance of work commencing, (the “Limited Improvements”). All Limited Improvements to the Premises 60447235.v9 shall be made in a good and workmanlike manner, in accordance with Landlord’s construction rules and regulations set forth in Schedule G-3 to this Lease and Tenant must maintain appropriate liability and builders’ risk insurance throughout the construction. Any Limited Improvements to the Premises shall be at Tenant’s sole cost and expense, and made in compliance with all applicable Laws. All Limited Improvements performed by Tenant to the Premises are subject to removal at Tenant’s cost at the expiration of the Term.
Landlord Consent Required. Tenant is required to submit a written request, including any plans for restoration, to Landlord and obtain Landlord’s written consent for any of the following:
A. Remodeling, making any structural change, alteration, addition, or decoration, including without limitation, wallpapering and painting.
B. Installing, attaching, removing, or exchanging appliances or equipment, such as air conditioning, heating, refrigeration, TV antenna or satellite dish, wood burning stoves, fireplace inserts or kerosene heaters.
C. Driving nails or other devices into walls, ceilings or woodwork (other than a reasonable number of picture hanger nails, which are permitted).
D. Affixing any object containing an adhesive backing to any surface or attaching plant hooks to the ceiling.
E. Re-keying locks, installing additional locks or security systems. Tenant must provide Landlord, and the Association where required, with a duplicate of all keys and instructions on how to operate all locks and/or systems.
F. Installing iron safes, water beds, aquariums over 20 gallons, or any extra-heavy objects as reasonably determined by Landlord.
Landlord Consent Required. In the event that Tenant wishes to utilize the services of a telephone or telecommunications provider whose equipment is not servicing the Property as of the date of Tenant’s execution of this Lease (“Provider”), no such Provider shall be permitted to install its lines or other equipment within the Property without first securing the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed.
Landlord Consent Required. In the event that Tenant wishes to utilize services of an alternative electricity service provider ("ASP") rather than the existing public utility or Landlord ASP that is servicing the Shopping Center as of the date of Tenant's execution of this Lease, no such ASP shall be permitted to provide service to Tenant or to install its lines or other equipment within the Shopping Center without obtaining the prior written consent of Landlord, which shall not be unreasonably withheld.
Landlord Consent Required. The Tenant is required to submit a written request, including any plans for restoration, to the Landlord. The Landlord's consent must be in writing prior to any of the following:
1. Remodeling, making any structural changes, alteration, addition, or decoration, including papering and painting of the Premises.
2. Installing or exchanging appliances or equipment, such as air conditioning, heating, refrigeration, TV antennas, fireplace inserts, phone jacks.
3. Driving nails or other devices into walls, ceilings or woodwork.
4. Affixing any object containing an adhesive backing to any surface in the Premises.
5. Attaching plant hooks to the ceiling.
6. Rekeying locks, burglary prevention and fire detection devices. The Tenant must provide the Landlord, and the Owners Association where required, with a duplicate of all keys and instructions on how to operate all locks and/or devices. The Tenant shall notify Landlord in writing as to the Tenant's intent to remove any such devices and repair any resulting damage upon termination of tenancy.
7. Installing iron safes, waterbeds, or any other extra-heavy objects. The Landlord reserves the right to prescribe the maximum weight, proper position and the manner of placing objects. The Tenant shall be liable for any damage to the Premises caused by taking in, using, or removing these even if Landlord granted permission.
Landlord Consent Required. If Tenant desires to utilize services of an electricity service provider (“AEP”) other than the public utility that is servicing the Project as of the date of Tenant’s execution of this Lease, no such AEP shall be permitted to provide service to Tenant or to install its lines or other equipment within the Project without obtaining the prior written consent of Landlord, which shall not be unreasonably withheld, delayed or conditioned.
Landlord Consent Required. Other than as provided for in this Lease, Tenant shall not assign its rights and obligations under this Lease, or any interest therein, and shall not sublet the Premises or any part thereof, or any right or privilege thereto, or suffer any other person to occupy or use the Premises, or any portion thereof, without the written consent of the Landlord, and a consent to one assignment, subletting, occupation or use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Any such assignment or subletting without Landlord’s consent shall be void and shall, at Landlord’s option, terminate this Lease. The Lease shall not, nor shall any interest therein, be assignable, so as to the interest of Tenant, by operation of law, without the written consent of Landlord. Notwithstanding the above, Tenant shall have the right to assign this Lease to an affiliate of Tenant, without Landlord’s consent, provided successor entity’s business is the same or similar to Tenant. An “affiliate” is defined to be a wholly-owned subsidiary of Tenant.
