LANDLORD CONSENT TO SUBLEASE. THIS LANDLORD CONSENT TO SUBLEASE (this “Agreement”) is dated to be effective December 30, 2009, and is by and between Landlord, Tenant and Subtenant, as those terms are defined hereinbelow, in connection with that certain Commercial Office Lease Agreement dated June 16, 2003 by and between Bank One Corporation, predecessor-in-interest to Principal Life Insurance Company, an Iowa corporation (“Landlord”) and Xxxxx USA Inc., a Texas corporation (“Tenant”), as amended by that certain First Amendment dated April 28, 2004, and as further amended by that certain Second Amendment dated May 31, 2007 (hereinafter collectively referred to as the “Lease”) for certain premises located at 00000 Xxxxxxxxx Xxxxxxxxx, Austin, Texas 78759 (the “Building”), which premises are more particularly described in the Lease (the “Premises”).
LANDLORD CONSENT TO SUBLEASE. This Sublease is expressly conditioned on obtaining the written consent of Landlord and the written consent of any mortgagee, ground lessor, or other third party required under the Primary Lease (collectively, “ Landlord Consent”).
(a) Any fees and expenses incurred by the Landlord or any mortgagee, ground lessor, or other third party in connection with requesting and obtaining the Landlord Consent shall be paid by Sublandlord and shall thereafter be reimbursed by Subtenant to Sublandlord not later than ten (10) days after written demand by Sublandlord. Subtenant agrees to cooperate with Landlord and supply all information and documentation requested by Landlord within ten (10) days of its request therefor. Sublandlord shall not be required to perform any acts, expend any funds, or bring any legal proceedings to obtain the Landlord Consent and Subtenant shall have no right to any claim against Sublandlord if the Landlord Consent is not obtained.
(b) If the Landlord Consent is not obtained within sixty (60) days from the date of this Sublease, either party may terminate this Sublease on written notice to the other, whereupon Sublandlord shall promptly refund to Subtenant the first month’s Base Rent and the Security Deposit paid to Sublandlord, and neither party shall have any further obligation to the other under this Sublease, except to the extent that the provisions of this Sublease expressly survive the termination of this Sublease.
(c) This Section 23 shall survive the expiration or earlier termination of this Sublease.
LANDLORD CONSENT TO SUBLEASE. The parties acknowledge that this Sublease is expressly contingent upon each of Subtenant and Sublandlord receiving and approving, in their sole discretion, an instrument executed by Landlord confirming its consent to this Sublease and such other matters as either party may require, in substantially the same form attached hereto as Exhibit F (the “Consent”). Sublandlord shall use commercially reasonable efforts to obtain such Consent. In the event Landlord does not so Consent within thirty (30) days of the Effective Date, either party may terminate this Sublease upon written notice to the other party after the expiration of such 30-day period, but before Landlord delivers the Consent. If this Sublease is so terminated, Sublandlord shall promptly return any prepaid Base Rent and the Security Deposit to Subtenant.
LANDLORD CONSENT TO SUBLEASE. The undersigned, OTR, an Ohio general partnership, the Landlord under the Prime Lease described in the attached and foregoing Sublease, hereby consents to the sublease of the Premises pursuant to the Sublease, provided that Sublandlord is not released from any existing or future duty, obligation or liability to Landlord pursuant to the Prime Lease, nor will this consent change, modify or amend the Lease in any manner. Subtenant may not further sublease all or any portion of the subleased premises or assign the Sublease, without obtaining Landlord’s consent in accordance with the Lease.
LANDLORD CONSENT TO SUBLEASE. Seller represents to Buyer that ----------------------------
(a) Seller has requested the consent of the owner of the building in which the premises under the Sublease (the "Subleased Premises") are located (the "Landlord") to the Sublease and has delivered to the Landlord copies of the proposed Sublease and Buyer financial statements; and (b) the Landlord has not indicated any unwillingness to consent to the Sublease, but has stated that it requires up to thirty (30) days to respond to the request for consent. Seller shall use its Best Efforts to obtain such consent as soon as practicable. Notwithstanding Seller's inability to obtain such consent prior to the Closing Date, Seller shall have the right to use the Subleased Premises prior to receipt of such consent on all of the terms and conditions of the Sublease. Seller shall indemnify, defend, protect and hold harmless Seller from all losses, costs, claims, liabilities and damages arising from Seller's failure to obtain such consent. This paragraph shall survive the Closing Date
LANDLORD CONSENT TO SUBLEASE. SOBRATO INTERESTS III (“Landlord”), as Landlord under that certain Lease (the “Lease”) dated as of 6/11/99, , as amended, by and between Landlord and ORACLE USA, INC. (as successor-in-interest to Siebel Systems, Inc.) (“Tenant”), as Tenant, subject to and specifically conditioned upon the following terms and conditions hereby grants its consent to the Sublease dated as of 9/6/07, 2007, made by and between the Tenant, as sublandlord, and NEUROGESX, INC. (“Subtenant”), as subtenant, a copy of which is attached as Exhibit A (“the Sublease”), covering that certain premises (the “Premises”) consisting of approximately 26,386 rentable square feet in the building commonly known as Bridgepointe Building I, located at 0000 Xxxxxxxxxxxx Xxxxxxx, Xxx Xxxxx, Xxxxxxxxxx. As conditions to the consent of Landlord to the Sublease, it is understood and agreed as follows:
LANDLORD CONSENT TO SUBLEASE. For $1.00 and other good and valuable consideration, the undersigned, Massachusetts Institute of Technology, as Landlord (the “Landlord”) under a certain Lease dated as of August 26, 1993, as amended by a First Amendment to Lease dated as of May 18, 1994; by a Second Amendment to Lease dated as of January 9, 1996; by a Third Amendment to Lease dated as of June 12, 1996; by a Fourth Amendment to Lease dated as of March 1, 1997; by a Fifth Amendment to Lease dated as of June 19,1997; by a Sixth Amendment to Lease dated as of January 29, 1999; by a Seventh Amendment to Lease dated as of February 5, 1999; by an Eighth Amendment to Lease dated as of February 7, 2000; and by a Lease Extension Agreement dated December 1, 2000 (the “Extension Agreement”) (hereinafter collectively, as amended and extended, the “Prime Lease”), with Millennium Pharmaceuticals, Inc., as Tenant (the “Tenant”), with respect to the Premises consisting of approximately 181,022 square feet of space located at 000 Xxxxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx (the “Leased Premises”) hereby consents, pursuant to Section 8 of the Extension Agreement, to the sublease by Tenant to Altus Pharmaceuticals, Inc., as subtenant (the “Subtenant”) for approximately 72,935 rentable square feet of space located on the second and third floors of the building located at 000 Xxxxxxxx Xxxxx commencing upon Sublease execution, and terminating on or before December 31, 2008, provided that Tenant shall remain liable to Landlord for the payment of all rent under the Lease and for the full performance of the covenants and conditions of the Lease.
LANDLORD CONSENT TO SUBLEASE. This Lease Amendment and Consent (the “Agreement”) is entered into as of the 28th day of April, 2000, by and among EOP-LAKESIDE OFFICE, L.L.C., a Delaware limited liability company (“Landlord”), FIRST HORIZON HOME LOAN CORPORATION, a Kansas corporation (‘Tenant” or “Sublandlord”), and HOMEBANC MORTGAGE CORPORATION, a Delaware corporation (“Subtenant”).
LANDLORD CONSENT TO SUBLEASE. The written consent to sublease is attached hereto as Exhibit "D" and the terms of said consent are incorporated herein.
LANDLORD CONSENT TO SUBLEASE. THIS LANDLORD CONSENT TO SUBLEASE (“Consent Agreement”) is entered into as of the ___day of August 2004, by and among EOP-INDUSTRIAL PORTFOLIO, L.L.C., a Delaware limited liability company (“Landlord”), PALMONE, INC., a Delaware corporation, (“Sublandlord”), and HXXXXX MEDICAL, INC., a Delaware corporation (“Subtenant”).
