Common use of LANDLORD'S CONSENT REQUIRED FOR ASSIGNMENT AND SUBLETTING Clause in Contracts

LANDLORD'S CONSENT REQUIRED FOR ASSIGNMENT AND SUBLETTING. Subject to Paragraph 9.04, Tenant will not assign this Lease in whole or in part nor sublet all or any part of the Leased Premises without the prior written Consent of Landlord, which will not be unreasonably withheld, delayed or conditioned. Prior to any assignment or subletting for which Landlord's Consent is required, Tenant shall give Notice to Landlord of the proposed assignee or subtenant and the terms of the proposed assignment or subtenancy, and upon request of Landlord, Tenant will provide Landlord with any other information reasonably requested by Landlord for the purpose of evaluating the proposed assignee or subtenant. Landlord hereby expressly Consents to any assignment or subletting to an entity controlled by Tenant, which controls Tenant, or is under the control of the same entity that controls Tenant (a "Tenant Affiliated Entity"). For the purposes of the preceding sentence, "control" means legal voting control. The Consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for such Consent to subsequent assignment or subletting. Unless landlord shall give express Consent of the release of Tenant, no assignment or subletting or acceptance of any rent from any party in possession of the Leased Premises shall constitute a release of Tenant from the obligations under this Lease. By accepting the assignment of this Lease, any assignee assumes all obligations of Tenant to Landlord from and after the date of the assignment, jointly and severally with Tenant. Any attempted assignment or subletting by Tenant without the prior Consent of Landlord shall be void. No assignment or subletting shall provide for a rental payment, or other payment for use and occupancy or utilization, based in whole or in part on the net income or profits derived by any person or entity from the property assigned, subleased, occupied or utilized (other than an amount based upon a fixed percentage of sales), and any such purported assignment or subletting based upon such payment shall be void and any amount payable thereunder or any rental amount therefor passed to any person or entity shall not have deducted therefrom any expenses or costs related in any way to the leasing of such space.

LANDLORD'S CONSENT REQUIRED FOR ASSIGNMENT AND SUBLETTING. Subject to Paragraph 9.04, Tenant will not assign this Lease in whole or in part nor sublet or re-sublet all or any part of the Leased Premises without the prior written Consent of Landlord, which will not be unreasonably withheld, delayed withheld or conditioneddelayed. Prior to any assignment assignment, subletting or re-subletting for which Landlord's ’s Consent is required, Tenant shall give Notice to Landlord of the proposed assignee or subtenant or subsubtenant and the terms of the proposed assignment or subtenancysubtenancy or subsubtenancy, and upon request of Landlord, Tenant will provide Landlord with any other information reasonably requested by Landlord for the purpose of evaluating the proposed assignee or subtenantsubtenant or subsubtenant. Landlord hereby expressly Consents to any an assignment or subletting or re-subletting to (a) an entity controlled by Tenant, which controls Tenant, or is under the control of the same entity that controls Tenant or results from a merger or consolidation with Tenant, (a "b) an entity succeeding to the interests of Tenant Affiliated Entity")and/or (c) any subsidiary or affiliate of Tenant. For Any other assignment or sublease or re-sublease may be made by Tenant with the purposes prior written consent of the preceding sentenceLandlord which will not be unreasonably withheld, "control" means legal voting controlconditioned or delayed. The Consent by Landlord to any assignment or subletting or re-subletting shall not constitute a waiver of the necessity for such Consent to subsequent assignment or subletting or re-subletting. Unless landlord shall give express Consent of the release of Tenant, no No assignment or subletting or re-subletting whatsoever and/or acceptance of any rent from any party in possession of the Leased Premises shall constitute a release of Tenant or the Guarantor (FHS) from the obligations under this Lease. By accepting the assignment of this Lease, any assignee assumes all obligations of Tenant to Landlord from and after the date of the assignment, jointly and severally with Tenant. Tenant Any attempted assignment or subletting by Tenant without the prior Consent of Landlord shall be void. No assignment or subletting shall provide for a rental payment, or other payment for use and occupancy or utilization, based in whole or in part on the net income or profits derived by any person or entity from the property assigned, subleased, occupied or utilized (other than an amount based upon a fixed percentage of sales), and any such purported assignment or subletting based upon such payment shall be void and any amount payable thereunder or any rental amount therefor passed to any person or entity shall not have deducted therefrom any expenses or costs related in any way to the leasing of such space.

LANDLORD'S CONSENT REQUIRED FOR ASSIGNMENT AND SUBLETTING. Subject to Paragraph 9.04, Tenant will not assign this Lease in whole or in part nor sublet all or any part of the Leased Premises without the prior written Consent of Landlord, which will not be unreasonably withheld, delayed withheld or conditioneddelayed. Prior to any assignment or subletting for which Landlord's Consent is required, Tenant shall give Notice to Landlord of the proposed assignee or subtenant and the terms of the proposed assignment or subtenancy, and upon request of Landlord, Tenant will provide Landlord with any other information reasonably requested by Landlord for the purpose of evaluating the proposed assignee or subtenant. Landlord hereby expressly Consents to any assignment or subletting to an entity controlled by Tenant, which controls Tenant, or is under the control of the same entity that controls Tenant (a "Tenant Affiliated Entity"). For the purposes of the preceding sentence, "control" means legal voting control. The Consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for such Consent to subsequent assignment or subletting. Assignment or subletting shall include a change in a majority of any ownership of Tenant (in the case of a tenant that is not an individual) and shall include an assignment or subletting by operation of law (attachment of Tenant's interest in the leasehold, for example). Unless landlord shall give express Consent of the release of Tenant, no assignment or subletting or acceptance of any rent from any party in possession of the Leased Premises shall constitute a release of Tenant from the obligations under this Lease. By accepting the assignment of this Lease, any assignee assumes all obligations of Tenant to Landlord from and after the date of the assignment, jointly and severally with Tenant. Any attempted assignment or subletting by 'Tenant without the prior Consent of Landlord shall be void. No assignment or subletting shall provide for a rental payment, or other payment for use and occupancy or utilization, based in whole or in part on the net income or profits derived by any person or entity from the property assigned, subleased, occupied or utilized (other than an amount based upon a fixed percentage of sales), and any such purported assignment or subletting based upon such payment shall be void and any amount payable thereunder or any rental amount therefor passed to any person or entity shall not have deducted therefrom any expenses or costs related in any way to the leasing of such space.

LANDLORD'S CONSENT REQUIRED FOR ASSIGNMENT AND SUBLETTING. Subject to Paragraph 9.04, Tenant will not assign this Lease lease in whole or in part nor sublet all or any part of the Leased Premises without the prior written Consent of Landlord, which will not be unreasonably withheld, delayed withheld or conditioneddelayed. Prior to any assignment or subletting for which Landlord's Consent is required, Tenant shall give Notice to Landlord of the proposed assignee or subtenant and the terms of the proposed assignment or subtenancy, and upon request of Landlordlandlord, Tenant will provide Landlord with any other information reasonably requested by Landlord for the purpose of evaluating the proposed assignee or subtenant. Landlord hereby expressly Consents to any assignment or subletting to an entity controlled by Tenant, which controls Tenant, or is under the control of the same entity that controls Tenant (a "Tenant Affiliated affiliated Entity"). For the purposes of the preceding sentence, "control" means legal voting control. The Consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for such Consent to subsequent assignment or subletting. Assignment or subletting shall include a change in a majority of any ownership of Tenant (in the case of a tenant that is not an individual) and shall include an assignment or subletting by operation of law (attachment of Tenant's interest in the leasehold, for example). Unless landlord shall give express Consent of the release of Tenant, no assignment or subletting or acceptance of any rent from any party in possession of the Leased Premises shall constitute a release of Tenant from the obligations under this Lease. By accepting the assignment of this Lease, any assignee assumes all obligations of Tenant to Landlord from and after the date of the assignment, jointly and severally with Tenant. Any attempted assignment or subletting by Tenant without the prior Consent of Landlord shall be void. No assignment or subletting shall provide for a rental payment, or other payment for use and occupancy or utilization, based in whole or in part on the net income or profits derived by any person or entity from the property assigned, subleased, occupied or utilized (other than an amount based upon a fixed percentage of sales), ) and any such purported assignment or subletting based upon such payment shall be void and any amount payable thereunder or any rental amount therefor passed to any person or entity shall not have deducted therefrom any expenses or costs related in any way to the leasing of such space.