Common use of Landlord Consent Required Clause in Contracts

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 event shall the Alameda City Council’s approval be unreasonably withheld.

Landlord Consent Required. Subject Tenant shall not assign this Lease, or any rights, duties or obligations hereunder, and Tenant shall not sublet all or any portion of the Premises, without Landlord's prior written consent, which shall not be unreasonably withheld or delayed, and then only upon and subject to Sections 13.5 the terms and 13.6 belowconditions hereinafter set forth. In considering any request for consent to a proposed assignment or sublease, Landlord shall make its decision based on the standards and criteria set forth in Section 13.4. Prior to effectuating any such assignment or sublease, Tenant shall not voluntarily notify Landlord in writing of the name and address of the proposed assignee or by operation sublessee, and deliver to Landlord with such notice a true and complete copy of lawthe proposed assignment agreement or sublease, (a) mortgage, pledge, hypothecate such other information or encumber this Lease documents as may be necessary or any interest therein, appropriate to enable Landlord to determine the qualifications of the proposed assignee or (b) assign or transfer this Lease or any interest herein, sublease sublessee and the Premises or any part thereof or any right or privilege appurtenant thereto, or allow any other person (the employees and invitees compliance 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, such transaction 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 requirements of this Article 13, and a request that Landlord consent thereto. Within thirty (30) days after the Landlord’s receipt of such written notice, Landlord shall either: (i) consent in writing to any such proposed assignment or transfer of sublease, subject to the terms and conditions hereinafter set forth; or (ii) notify Tenant in writing that Landlord refuses such consent; or (iii) terminate this Lease or sublease of all or a with respect to the portion of the Premises without which Tenant desires to assign or sublease. Upon such termination, the prior approval of the Alameda City Council Fixed Minimum Rent then payable by Tenant to Landlord hereunder shall be void, invalid, reduced in the proportion that the number of no force and effect and deemed to be a breach square feet 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, Gross Leasable Area 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 bears to the total number of a simple majority square feet of Gross Leasable Area of the council (e.g. in 2022 terms three affirmative votes) at a noticed public meeting of the Alameda City Council, unless otherwise required Premises then leased 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 event shall the Alameda City Council’s approval be unreasonably withheldTenant under this Lease.

Landlord Consent Required. Subject to Sections 13.5 and 13.6 below, Tenant shall not voluntarily assign, transfer, mortgage or by operation of law, (a) mortgage, pledge, hypothecate or otherwise encumber this Lease or any its interest therein, or (b) assign sublet, rent 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) permit anyone to occupy or use the Premises, or any portion part thereof, besides Tenant and Tenant’s customers (where each customer is an irrevocable contractual licensee of Tenant), without first giving Landlord thirty (30) days’ prior written notice of Xxxxxx’s intention to assign or sublet the Premises and obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld unreasonably provided that if all of the following conditions have been satisfied: (i) Tenant is not then in Default under shall have demonstrated, to Landlord’s satisfaction, that the use of the Premises shall comply with the terms of this Lease nor and that the credit-worthiness of the assignee or subtenant is any event then occurring, with as substantial as Tenant’s as of the giving date of notice or the passage of time, or both, would constitute a Default hereunder, and this Lease; (ii) the form and content of any assignment or sublease documents shall have been reasonably approved by Landlord and its counsel; (iii) Tenant has shall pay an administrative fee of One thousand dollars ($1,000.00) to landlord, and shall have reimbursed Landlord for any reasonable attorneys’ fees and expenses incurred by Landlord in connection with such assignment or sublease; (iv) the assignee or subtenant is not previously assigned a tenant in the Building; and (v) the assignee or transferred subtenant does not have any diplomatic immunity. Notwithstanding anything to the contrary in this Lease or any interest herein or subleased Lease, Landlord may condition its consent to a proposed assignment upon Xxxxxx’s execution and delivery of a guaranty in a form acceptable to Landlord and its counsel of the Premises or any part thereof. A transfer monetary performance by the proposed assignee, other than a Related Entity, 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 its financial obligations under this Lease. For the purposes of this Article 13, the Landlord’s written consent to any No assignment or transfer of this Lease or sublease the right of all occupancy hereunder may be effectuated by operation of law or a portion of the Premises otherwise without the prior approval written consent of Landlord. The consent by Landlord to any assignment or subletting shall not be construed as a waiver or release of Tenant from liability for the Alameda City Council shall be void, invalid, performance of no force all covenants and effect and deemed 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 breach waiver or release of Tenant from any of its liabilities or obligations under 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 subletting shall not be construed as relieving Tenant from the obligation of this Lease obtaining Landlord’s prior written consent to any subsequent assignment or sublease subletting. If an Event of all or a portion Default has occurred and is continuing, Tenant hereby assigns to Landlord the rent due from ​ any subtenant 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 CharterTenant and hereby authorizes each such subtenant to pay said rent directly to Landlord. Xxxxxxxx agrees Landlord consents to use best efforts Tenant subleasing 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 event shall the Alameda City Council’s approval be unreasonably withheldAxxum Technologies and Cloudburst Security.

Landlord Consent Required. Subject to Sections 13.5 and 13.6 below, Tenant shall not voluntarily or by operation of lawat any time during the Term make any alterations, including Specialty Alterations (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 exceptedas defined below) to occupy or use the Premises, or any portion thereofthe total cost of which exceeds $10,000, 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 thereto, which consent of Landlord shall not be unreasonably withheld or delayed; provided, however, that Landlord shall not be deemed unreasonable by refusing to consent to any assignment alterations which are visible from the exterior of the Building or transfer the Project, which will or are likely to cause any weakening of any part of the structure of the Premises, the Building or the Project or which will or are likely to cause damage or disruption to the Building Systems or which are prohibited by any underlying ground lease or mortgage. “Specialty Alterations” are defined as alterations consisting of kitchens, executive bathrooms, raised computer floors, computer, telephone and telecommunications wiring and cabling in the Premises and Building, computer installations, supplemental air conditioning systems, safe deposit boxes, vaults, libraries or file rooms requiring reinforcement of floors, internal staircases, conveyors and other alterations of a similar character which Landlord designates as Specialty Alterations by written notice delivered to Tenant when Landlord approves Tenant’s plans containing such alterations. Should Tenant desire to make any alterations to the Premises, Tenant shall submit all plans and specifications for such proposed alterations to Landlord for Landlord’s review before Tenant allows any such work to commence, and Landlord shall promptly approve or disapprove such plans and specifications for any of the reasons set forth in this Section 10.1 or for any other reason reasonably deemed sufficient by Landlord. Tenant shall select and use only contractors, subcontractors or other repair personnel which have been approved by Landlord; provided, however, if the alteration affects the Building Systems then Tenant must use the contractors, subcontractors or other repair personnel from those listed on Landlord’s approved list maintained by Landlord in the Project management office. Upon Tenant’s receipt of written approval from Landlord and any required approval of any mortgagee or lessor of Landlord, and upon Tenant’s payment to Landlord of the reasonable out of pocket costs incurred by Landlord for such review and approval (including a reasonable fee for the actual time spent by employees of Landlord), Tenant shall have the right to proceed with the construction of all approved alterations, but only so long as such alterations are in strict compliance with the plans and specifications so approved by Landlord and with the provisions of this Lease or sublease Article 10. All alterations shall be made at Tenant’s sole cost and expense. If Tenant elects to have Landlord perform an alteration, Tenant shall pay Landlord all costs incurred in connection therewith. If Tenant’s contractor performs such work, there shall be a fee of all or a portion five percent (5%) of the Premises without the prior approval actual costs 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 such work for Landlord’s required consent under this Article 13. Notwithstanding the foregoing, Xxxxxxxx’s consent with respect agent or manager in supervising and coordinating such work and 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 requestcover overhead. In no event event, however, shall anyone other than Landlord or Landlord’s employees or representatives perform work to be done which affects the Alameda City Council’s approval be unreasonably withheldBuilding Systems.

Landlord Consent Required. Subject to Sections 13.5 and 13.6 below, Tenant shall not voluntarily assign, transfer, mortgage or by operation of law, (a) mortgage, pledge, hypothecate or otherwise encumber this Lease or any its interest therein, or (b) assign sublet, rent 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) permit anyone to occupy or use the Leased Premises, or any portion part thereof, without first giving Landlord thirty (30) days' prior written notice of Tenant's intention to assign or sublet the Leased Premises and obtaining the prior written consent of Landlord, which consent shall not be withheld unreasonably provided withheld. Provided, however, that notwithstanding anything to the contrary contained herein, the Landlord may reject the intended sublessee and take back the portion of the Leased Premises that was intended to be subleased (i) Tenant is not then in Default under this Lease nor is any which event then occurring, with the giving of notice or the passage of time, or both, would constitute a Default hereunder, Base Rent 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 Additional Rent shall be deemed reduced proportionately). 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 an assignment 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, and Tenant shall remain liable for the performance of all covenants and obligations to be performed by Tenant hereunder notwithstanding any assignment or sublease hereof. For the purposes of this Article 13, the Landlord’s written 's consent to any assignment or transfer subletting shall not be construed as relieving Tenant from the obligation of this Lease 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. In the event the rental amount received by Tenant pursuant to any sublease of all or a portion of assignment is higher than the Premises without Base Rent at such time or at any time thereafter, then the prior approval of Tenant shall pay 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 excess amount 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 event shall the Alameda City Council’s approval any assignee or sub-lessee be unreasonably withheldentitled to any renewal rights, rights of first offer or rights of first refusal described herein.

Landlord Consent Required. Subject Tenant shall not assign this Lease, ------------------------- or any rights, duties or obligations hereunder, and Tenant shall not sublet all or any portion of the Premises, without Landlord's prior written consent, which shall not be unreasonably withheld or delayed, and then only upon and subject to Sections 13.5 the terms and 13.6 belowconditions hereinafter set forth. In considering any request for consent to a proposed assignment or sublease, Landlord shall make its decision based on the standards and criteria set forth in Paragraph 24.C. Prior to effectuating any such assignment or sublease, Tenant shall not voluntarily notify Landlord in writing of the name and address of the proposed assignee or by operation sublessee, and deliver to Landlord with such notice a true and complete copy of lawthe proposed assignment agreement or sublease, such other information or documents as may be necessary or appropriate to enable Landlord to determine the qualifications of the proposed assignee or sublessee and the compliance of such transaction with the requirements of this Paragraph 24 and a request that Landlord consent thereto. Within thirty (a30) mortgagedays after the receipt of such written notice, pledgeLandlord shall either: (i) consent in writing to such proposed assignment or sublease, hypothecate subject to the terms and conditions hereinafter set forth; or encumber (ii) notify Tenant in writing that Landlord refuses such consent; or (iii) in the event of an assignment terminate this Lease or any interest therein, or (b) assign or transfer in the event of a sublease termination this Lease or any interest herein, sublease with respect to 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 which Tenant desires to be sublease. Upon a breach of this Lease. Any consent issued termination as 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 Tenant desires to sublease, the Monthly Rent then payable by a vote Tenant to Landlord hereunder shall be reduced in the proportion that the number of a simple majority square feet of such portion of the council (e.g. in 2022 terms three affirmative votes) at a noticed public meeting Premises bears to the total number of square feet of the Alameda City Council, unless otherwise required Premises then leased 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 event shall the Alameda City Council’s approval be unreasonably withheldTenant under this Lease.