Common use of Landlord’s Consent Clause in Contracts

Landlord’s Consent. This Agreement and the obligations of the parties under it are expressly conditioned upon Tenant’s obtaining Landlord’s consent to this Agreement. User shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) with respect to the nature and operation of User’s business, the financial condition of User, or both. Tenant and User agree, for the benefit of Landlord, that this Agreement and Landlord’s consent hereto shall not: (a) create privity of contract between Landlord and User; (b) be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to consent to any assignment of the Lease by Tenant or any further subletting of premises leased pursuant to the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consent.

Landlord’s Consent. This Agreement In the event Landlord consents to any assignment or subletting, such consent shall not constitute a waiver of any of the restrictions of this Article XIV and the same shall apply to each successive assignment or subletting hereunder, if any. In no event shall Landlord's consent to an assignment or subletting affect the continuing primary liability of Tenant (which, following assignment, shall be joint and several with the assignee), or relieve Tenant of any of its obligations hereunder without an express written release being given by Landlord. In the event that Landlord shall consent to an assignment or subletting under this Article XIV, such assignment or subletting shall not be effective until the assignee or sublessee shall assume all of the obligations of this Lease on the parties under part of Tenant to be performed or observed and whereby the assignee or sublessee shall agree that the provisions contained in this Lease shall, notwithstanding such assignment or subletting, continue to be binding upon it are expressly conditioned upon Tenant’s obtaining Landlord’s consent to this Agreement. User shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) with respect to the nature all future assignments and operation of User’s business, the financial condition of User, sublettings. Such assignment or both. Tenant sublease agreement shall be duly executed and User agree, for the benefit of a fully executed copy thereof shall be delivered to Landlord, that this Agreement and Landlord’s Landlord may collect Monthly Rent and Additional Rent due hereunder directly from the assignee or sublessee. Collection of Monthly Rent and Additional Rent directly from an assignee or sublessee shall not constitute a consent hereto shall not: (a) create privity of contract between Landlord and User; (b) be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to the necessity of consent to any such assignment or subletting, nor shall such collection constitute a recognition of such assignee or sublessee as the Lease by Tenant hereunder or any further subletting a release of premises leased pursuant to Tenant from the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting performance of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consentits obligations hereunder.

Landlord’s Consent. This Agreement and Tenant shall not, either voluntarily or by operation of law, sell, assign or transfer this Lease or sublet the obligations Property or any part thereof, or assign any right to use the Property or any part thereof (each a “Transfer”) without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion. Any attempt to do so without such prior written consent shall not be void and, at Landlord’s option, shall terminate this Lease. If Tenant requests Xxxxxxxx’s consent to any Transfer, Tenant shall promptly provide Landlord with a copy of the parties under it are proposed agreement between Tenant and its proposed transferee, which agreement must provide that the transferee expressly conditioned upon assumes and agrees in writing to be bound by and directly responsible for all of Tenant’s obtaining obligations hereunder, and with all such other information concerning the business and financial affairs of such proposed transferee as Landlord may request. Landlord may withhold such consent if the proposed transferee (i) is unsatisfactory to Landlord as to credit, net worth, character and business standing, (ii) is a person or entity whose possession of the Property would be inconsistent with Xxxxxxxx’s commitments with other tenants or with the mix of uses Landlord desires at the Property, or (iii) will not occupy the Property for the use authorized under this Lease. Landlord’s consent to this Agreement. User any such Transfer shall promptly deliver to in no event release Tenant any information reasonably requested by Landlord (in connection with from its liabilities or obligations hereunder nor relieve Tenant from the requirement of obtaining Landlord’s approval prior written consent to any further Transfer. Xxxxxxxx’s acceptance of this Agreement) with respect to the nature and operation of User’s business, the financial condition of User, or both. Tenant and User agree, for the benefit of Landlord, that this Agreement and Landlord’s consent hereto rent from any other person shall not: (a) create privity of contract between Landlord and User; (b) not be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver by Landlord of Landlord’s right to any provision of this Lease or a consent to any assignment of the Lease by Tenant or any further subletting of premises leased pursuant to the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consentTransfer.

Landlord’s Consent. This Agreement and In the obligations case of the parties under it are expressly conditioned upon Tenant’s obtaining an assignment and/or sublease requiring Landlord’s consent to under this Agreement. User Article 11, Landlord shall promptly deliver to Tenant any have thirty (30) days after Xxxxxx’s notice of assignment and/or sublease is received with the financial information reasonably requested by Landlord (in connection with to advise Tenant of Landlord’s approval (i) consent to such proposed assignment or sublease, (ii) reasonable withholding of this Agreement) consent to such proposed assignment or sublease (together with respect to the nature and operation of User’s business, the financial condition of Userdetailed reasons therefor), or both(iii) election to terminate this Lease, such termination to be effective as of the date of the commencement of the proposed assignment or subletting. Tenant and User agreeIf Landlord shall exercise its termination right hereunder, for the benefit of Landlord, that this Agreement and Landlord’s consent hereto shall not: (a) create privity of contract between Landlord and User; (b) be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed the right to enter into a lease or other occupancy agreement directly with the amendment proposed assignee or subtenant, and Tenant shall have no right to any of the rents or other consideration payable by such amendment is executed proposed assignee or subtenant under such other lease or occupancy agreement, even if such rents and other consideration exceed the rent payable under this Lease by all applicable parties); Tenant. Landlord shall have the right to lease the Premises to any other tenant, or (c) be construed as a waiver of Landlordnot lease the Premises, in its sole and absolute discretion. Landlord and Xxxxxx specifically agree that Xxxxxxxx’s right to consent to any assignment of the terminate this Lease by Tenant or any further subletting of premises leased pursuant to the Lease, or as under clause (iii) above is a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence material consideration for Landlord’s agreement that User to enter into this Lease and such right may use the Shared Space, User Office Space be exercised in Landlord’s sole and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution absolute discretion and delivery no test of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consentreasonableness shall be applicable thereto.

Landlord’s Consent. This Agreement Where provision is made in this Lease for Landlord's consent and Landlord shall fail or refuse to give such consent, except to the obligations extent expressly provided herein to the contrary Tenant shall not be entitled to any damages for any withholding by Landlord of its consent, it being intended that Tenant's sole remedy shall be an action for specific performance or injunction and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not unreasonably to withhold its consent. Whenever in this Lease the consent or approval of Landlord or Tenant is required, such consent or approval shall (except to the extent that such consent or approval is specifically designated as being "within the discretion" of a party, or words to that effect, in the applicable provision) not be unreasonably withheld, conditioned or delayed, shall be in writing and shall be executed by a duly authorized officer or agent of the parties under it are expressly conditioned upon Tenant’s obtaining Landlord’s party granting such consent to this Agreement. User shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) with respect to the nature and operation of User’s businessor approval; provided, the financial condition of User, or both. Tenant and User agree, for the benefit of Landlordhowever, that this Agreement and Landlord’s consent hereto Landlord shall not: (a) create privity of contract between Landlord and User; (b) be deemed to have amended reasonably withheld its consent in the Lease in event any regard (unless Landlord shall have expressly agreed Facility Mortgagee withholds its consent or otherwise objects to any proposed consent or approval. With respect only to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to consent to any assignment of the Lease by matters set forth on Schedule 23.8, if either ------------- Tenant or any further subletting Landlord fails to respond within fifteen (15) days (or such shorter or longer period of premises leased pursuant time as may be expressly specified in this Lease) to a request in the Leaseform of a Notice by the other party for a consent or approval, such consent or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting of all or any part of the Property. Landlord’s consent shall, however, approval shall be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consenthave been given.

Landlord’s Consent. This Agreement and Tenant shall not, either voluntarily or by operation of law, sell, assign or transfer this Lease or sublet the obligations Property or any part thereof, or assign any right to use the Property or any part thereof (each a “Transfer”) without the prior written consent of the parties under it are expressly conditioned upon TenantLandlord, which consent may be withheld in Landlord’s obtaining sole discretion. Any attempt to do so without such prior written consent shall not be void and, at Landlord’s option, shall terminate this Lease. If Tenant requests Landlord’s consent to this Agreement. User any Transfer, Tenant shall promptly deliver provide Landlord with a copy of the proposed agreement between Tenant and its proposed transferee, which agreement must provide that the transferee expressly assumes and agrees in writing to Tenant any be bound by and directly responsible for all of Tenant’s obligations hereunder, and with all such other information reasonably requested by concerning the business and financial affairs of such proposed transferee as Landlord may request. Landlord may withhold such consent if the proposed transferee (in connection i) is unsatisfactory to Landlord as to credit, net worth, character and business standing, (ii) is a person or entity whose possession of the Property would be inconsistent with Landlord’s approval commitments with other tenants or with the mix of this Agreement) with respect to uses Landlord desires at the nature and operation of User’s business, the financial condition of UserProperty, or both. Tenant and User agree, (iii) will not occupy the Property for the benefit of Landlord, that use authorized under this Agreement and Landlord’s consent hereto shall not: (a) create privity of contract between Landlord and User; (b) be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to consent to any assignment of the Lease by Tenant or any further subletting of premises leased pursuant to the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting of all or any part of the Property. Landlord’s consent shall, however, to any such Transfer shall in no event release Tenant from its liabilities or obligations hereunder nor relieve Tenant from the requirement of obtaining Landlord’s prior written consent to any further Transfer. Landlord’s acceptance of rent from any other person shall not be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If be a waiver by Landlord fails to of any provision of this Lease or a consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consentTransfer.

Landlord’s Consent. This Agreement Where provision is made in this Lease for Landlord's consent and Landlord shall fail or refuse to give such consent, except to the obligations extent expressly provided herein to the contrary Tenant shall not be entitled to any damages for any withholding by Landlord of its consent, it being intended that Tenant's sole remedy shall be an action for specific performance or injunction and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not unreasonably to withhold its consent. Whenever in this Lease the consent or approval of Landlord or Tenant is required, such consent or approval shall (except to the extent that such consent or approval is specifically designated as being "within the discretion" of a party, or words to that effect, in the applicable provision) not be unreasonably withheld, conditioned or delayed, shall be in writing and shall be executed by a duly authorized officer or agent of the parties under it are expressly conditioned upon Tenant’s obtaining Landlord’s party granting such consent to this Agreement. User shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) with respect to the nature and operation of User’s businessor approval; provided, the financial condition of User, or both. Tenant and User agree, for the benefit of Landlordhowever, that this Agreement and Landlord’s consent hereto Landlord shall not: (a) create privity of contract between Landlord and User; (b) be deemed to have amended reasonably withheld its consent in the Lease in event any regard (unless Landlord shall have expressly agreed Facility Mortgagee withholds its consent or otherwise objects to any proposed consent or approval. With respect only to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to consent to any assignment of the Lease by matters set forth on Schedule 23.8, if either Tenant or any further subletting Landlord fails to respond within ------------- fifteen (15) days (or such shorter or longer period of premises leased pursuant time as may be expressly specified in this Lease) to a request in the Leaseform of a Notice by the other party for a consent or approval, such consent or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting of all or any part of the Property. Landlord’s consent shall, however, approval shall be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consenthave been given.

Landlord’s Consent. This Simultaneously with the execution hereof, Tenant and Subtenant are executing a Consent to Sublease Agreement and substantially in the obligations form annexed hereto as Exhibit 1, which, pursuant to the terms of the parties under it are expressly conditioned Lease, is a condition to obtaining the consent of the Landlord to this Sublease. Tenant shall promptly deliver such Consent to Sublease Agreement to Landlord for its signature, and shall deliver a fully executed copy thereof to Subtenant promptly upon Tenant’s obtaining receipt by Tenant of same from Landlord’s . Subtenant acknowledges that pursuant to the terms of the Lease, Landlord is required to grant its consent to this AgreementSublease by reason of the fact that Subtenant is and maintains a relationship with Tenant, as more fully described in paragraph 2 of that certain Supplemental No. User shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) with respect 2 to the nature and operation of User’s businessLease. Subtenant further acknowledges that if at any time during the Term, such required relationship is no longer in effect, the financial condition of User, or both. Tenant and User agree, for the benefit of Landlord, that this Agreement and Landlord’s consent hereto shall not: (a) create privity of contract between Landlord and User; (b) be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed the right, inter alia, to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to consent to any assignment of the Lease by Tenant or any further subletting of premises leased pursuant to the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to revoke its consent to this Agreement within 30 days after Sublease, in which event this Sublease shall immediately terminate and expire and Subtenant shall immediately vacate the execution Space and delivery surrender same to Tenant. Subtenant agrees that Tenant shall have no liability to Subtenant for any damages, losses, liability or expense in the event of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consentsuch termination.

Landlord’s Consent. This Agreement Sublessee hereby acknowledges and the obligations of the parties under it are agrees that this Sublease shall not become effective until, and is expressly conditioned upon Tenant’s obtaining Landlord’s upon, either (i) the delivery by Landlord of a writing signed by Landlord (the "Consent") in ------- substantially the form pursuant to which Landlord shall consent to this Agreement. User shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) with respect to the nature and operation of User’s business, the financial condition of UserSublease, or both. Tenant and User agree, for the benefit of Landlord, that this Agreement and Landlord’s (ii) consent hereto shall not: (a) create privity of contract between Landlord and User; (b) be having been deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to consent given pursuant to any assignment applicable provision of the Lease by Tenant or any further subletting of premises leased pursuant to the Main Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days Promptly after the execution and delivery of this AgreementSublease, either Sublessor shall submit this Sublease to Landlord, together with Sublessor's request that Landlord deliver the Consent. Sublessee shall cooperate in good Faith with Sublessor and shall comply with any reasonable request made of Sublessee by Sublessor or Landlord in the procurement of the Consent. Sublessor or Sublessee shall not be obligated to make any payment to Landlord or incur any other expenses or enter into litigation with Landlord in order to obtain the Consent. Sublessor or Sublessee shall not be subject to any liability for failure to obtain the Consent, including any asserted damages or costs or expenses of any nature of Sublessee, its agents, contractors, architects or other professional representatives, and in the event that the Consent is not delivered by Landlord or consent is not deemed given by Landlord pursuant to any applicable provision of the Main Lease, Sublessor and Sublessee shall destroy any executed counterparts of this Sublease in their possession and neither party may terminate this Agreement by giving notice shall have any further liability to the other at any time thereafter, but before Landlord grants consentwith respect to the transaction described herein.

Landlord’s Consent. This Agreement In the event Landlord consents to any assignment or subletting, such consent shall not constitute a waiver of any of the restrictions of this Article XIV and the same shall apply to each successive assignment or subletting hereunder, if any, in no event shall Landlord's consent to an assignment or subletting affect the continuing primary liability of Tenant (which, following assignment, shall be joint and several with the assignee), or relieve Tenant of any of its obligations hereunder without an express written release being given by Landlord. In the even that Landlord shall consent to an assignment or subletting under this Article XIV, such assignment or subletting shall not be effective until the assignee or sublessee shall assume all of the obligations of this Lease on the parties under part of Tenant to be performed or observed and whereby the assignee or sublessee shall agree that the provisions contained in this Lease shall, notwithstanding such assignment or subletting, continue to be binding upon it are expressly conditioned upon Tenant’s obtaining Landlord’s consent to this Agreement. User shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) with respect to the nature all future assignments and operation of User’s business, the financial condition of User, sublettings. Such assignment or both. Tenant sublease agreement shall be duly executed and User agree, for the benefit of a fully executed copy thereof shall be delivered to Landlord, that this Agreement and Landlord’s Landlord may collect Monthly Rent and Additional Rent due hereunder directly from the assignee or sublessee. Collection of Monthly Rent and Additional Rent directly from as assignee or sublessee shall not constitute a consent hereto shall not: (a) create privity of contract between Landlord and User; (b) be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to the necessity of consent to any such assignment or subletting, nor shall such collection constitute a recognition of such assignee or sublessee as the Lease by Tenant hereunder or any further subletting a release of premises leased pursuant to Tenant from the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting performance of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consentits obligations hereunder.

Landlord’s Consent. This Agreement (a) Sublessor and Sublessee each acknowledge and agree (i) that this Sublease is subject to, and will not be effective without the obligations receipt of, the written consent of Landlord in accordance with the terms of the parties under it are expressly conditioned upon Tenant’s obtaining Lease, and (ii) that Landlord’s 's consent to this Agreement. User Sublease shall promptly deliver not create any contractual liability or duty on the part of Landlord to Tenant Sublessee, and shall not in any information reasonably requested by manner increase, decrease or otherwise affect the rights and obligations of Landlord (in connection with Landlord’s approval of this Agreement) and Sublessor, as landlord and tenant under the Lease, with respect to the nature and operation of User’s business, the financial condition of User, or both. Tenant and User agree, for the benefit of Landlord, that this Agreement and Landlord’s consent hereto shall not: (a) create privity of contract between Landlord and User; Premises. (b) be deemed This Sublease is subject and subordinate to have amended the Lease in any regard (unless Landlord shall have expressly agreed and to the amendment and such amendment matters to which the Lease is executed by all applicable parties); or (c) shall be construed as a waiver of Landlord’s right to consent to any assignment subordinate. In the event of the Lease by Tenant or any further subletting termination of premises leased pursuant to the Lease, or the re-entry or dispossession of Sublessor, as a waiver tenant, by Landlord under the Lease, Landlord, at its option, may either terminate this Sublease, in which case Sublessee shall peacefully vacate the Premises, or require Sublessee to attorn to Landlord as its sublessor pursuant to the then applicable terms of Landlord’s right to consent this Sublease for the remaining term hereof, except that Landlord shall not be (i) liable for damages for any previous act or omission of Sublessor under this Sublease, (ii) subject to any assignment offset which theretofore accrued to Sublessee against Sublessor, or (iii) bound by User any previous modification of this Agreement Sublease not consented to in writing by Landlord or any sub-subletting by a previous prepayment of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth rent more than one month in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consentadvance.

Landlord’s Consent. This Agreement In the event Landlord consents to any assignment or subletting, such consent shall not constitute a waiver of any of the restrictions of this Article XIV and the same shall apply to each successive assignment or subletting hereunder, if any. In no event shall Landlord's consent to an assignment or subletting affect the continuing primary liability of Tenant (which, following assignment, shall be joint and several with the assignee), or relieve Tenant of any of its obligations hereunder without an express written release being given by Landlord. In the event that Landlord shall consent to an assignment or subletting under this Article XIV, such assignment or subletting shall not be effective until the assignee or sublessee shall assume all of the obligations of this Lease on the parties under part of Tenant to be performed or observed and whereby the assignee or sublessee shall agree that the provisions contained in this Lease shall, notwithstanding such assignment or subletting, continue to be binding upon it are expressly conditioned upon Tenant’s obtaining Landlord’s consent to this Agreement. User shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) with respect to the nature all future assignments and operation of User’s business, the financial condition of User, sublettings. Such assignment or both. Tenant sublease agreement shall be duly executed and User agree, for the benefit of a fully executed copy thereof shall be delivered to Landlord, that this Agreement and Landlord’s consent hereto Landlord may collect Monthly Rent and Additional Rent due hereunder directly from the assignee or sublessee. Collection of Monthly Rent and Additional Rent directly from an assignee or sublessee shall not: (a) create privity not constitute a recognition of contract between Landlord and User; (b) be deemed to have amended such assignee or sublessee as the Lease in any regard (unless Landlord shall have expressly agreed to Tenant hereunder or a release of Tenant from the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to consent to any assignment of the Lease by Tenant or any further subletting of premises leased pursuant to the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting performance of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consentits obligations hereunder.

Landlord’s Consent. This Agreement and the obligations of the parties under it are expressly conditioned upon Tenant’s obtaining Landlord’s consent to this Agreement, if required. User shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) with respect to the nature and operation of User’s business, the financial condition of User, or both. Tenant and User agree, for the benefit of Landlord, that this Agreement and Landlord’s consent hereto shall not: (a) create privity of contract between Landlord and User; (b) be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to consent to any assignment of the Lease by Tenant or any further subletting of premises leased pursuant to the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consent.

Landlord’s Consent. This Agreement Tenant shall not, either voluntarily or by operation of law, sell, assign or transfer this Lease or sublet the Premises or any part thereof, or assign any right to use the Premises or any part thereof (each a “Transfer”) without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and the obligations of the parties under it are expressly conditioned upon Tenantany attempt to do so without such prior written consent shall be void and at Landlord’s obtaining option, shall terminate this Lease. If Tenant requests Landlord’s consent to this Agreement. User any Transfer, Tenant shall promptly deliver provide Landlord with a copy of the proposed agreement between Tenant and its proposed transferee and with all such other information concerning the business and financial affairs of such proposed transferee as Landlord may request. Landlord may withhold such consent unless the proposed transferee (i) is satisfactory to Tenant any information reasonably requested by Landlord as to credit, managerial experience, net worth, character and business or professional standing; (in connection ii) is a person or entity whose possession of the Premises would not be inconsistent with Landlord’s approval commitments with other tenants or with the mix of this Agreementuses Landlord desires at the Property; (iii) with respect to will occupy the nature and operation of User’s business, the financial condition of User, or both. Tenant and User agree, Premises solely for the benefit of Landlord, that use authorized under this Agreement and Landlord’s consent hereto shall not: (a) create privity of contract between Landlord and UserLease; (biv) expressly assumes and agrees in writing to be deemed to have amended bound by and directly responsible for all of Tenant’s obligations 16 | 1000 WALL LEASE AGREEMENT hereunder; and (v) will conduct a business which does not adversely impact the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to consent to any assignment of the Lease by Tenant or any further subletting of premises leased pursuant to the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting of all or any part use of the Property’s common areas. Landlord’s consent shall, however, to any such Transfer shall in no event release Tenant from its liabilities hereunder nor relieve Tenant from the requirement of obtaining Landlord’s prior written consent to any further Transfer. Landlord’s acceptance of rent from any other person shall not be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If be a waiver by Landlord fails to of any provision of this Lease or consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consentTransfer.

Landlord’s Consent. This Agreement In the event Landlord consents to any assignment or subletting, such consent shall not constitute a waiver of any of the restrictions of this Article XIV and the same shall apply to each successive assignment or subletting hereunder, if any. In no event shall Landlord's consent to an assignment or subletting affect the continuing primary liability of Tenant (which, following assignment, shall be joint and several with the assignee), or relieve Tenant of any of its obligations hereunder without an express written release being given by Landlord. In the event that Landlord shall consent to an assignment under this Article XIV, such assignment shall not be effective until the assignee shall assume all of the obligations of this Lease on the parties under part of Tenant to be performed or observed and whereby the assignee shall agree that the provisions contained in this Lease shall, notwithstanding such assignment, continue to be binding upon it are expressly conditioned upon Tenant’s obtaining Landlord’s consent to this Agreement. User shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) with respect to the nature all future assignments. Such assignment or sublease agreement shall be duly executed and operation of User’s business, the financial condition of User, or both. Tenant and User agree, for the benefit of a fully executed copy thereof shall be delivered to Landlord, that this Agreement and Landlord’s Landlord may collect Monthly Rent and Additional Rent due hereunder directly from the assignee or following the occurrence of an Event of Default hereunder, from the sublessee. Collection of Monthly Rent and Additional Rent directly from an assignee or the sublessee shall not constitute a consent hereto shall not: (a) create privity of contract between Landlord and User; (b) be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to the necessity of consent to any such assignment or subletting, nor shall such collection constitute a recognition of such assignee or sublessee as the Lease by Tenant hereunder or any further subletting a release of premises leased pursuant to Tenant from the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting performance of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consentits obligations hereunder.

Landlord’s Consent. This Agreement and the obligations of the parties under it are expressly conditioned upon Tenant’s obtaining Landlord’s consent to this Agreement. User shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) with respect to If the nature and operation character of User’s business------------- ------------------ the business of the proposed sublessee or assignee, and the proposed use and occupancy of the Premises, or any applicable portion thereof, by the proposed assignee or sublessee, is in keeping and compatible with the dignity and character of the Building, and if any Alterations to be made to the Premises are performed in accordance with Article VIII hereof, and if the financial condition capability of User, the proposed sublessee or both. Tenant and User agree, for assignee is commensurate with the benefit of obligations to be undertaken by the proposed sublessee or assignee as reasonably determined by Landlord, that then Landlord agrees not to unreasonably withhold its consent to any such proposed assignment or subletting, provided it shall be on the terms communicated to and approved by Landlord. Notwithstanding Landlord's consent to an assignment or subletting, Tenant shall remain fully liable on this Agreement Lease and Landlord’s consent hereto shall not: (a) create privity not be released from performing any of contract the terms, covenants and conditions of this Lease. In addition to the foregoing requirements, any assignment or subletting hereunder shall be conditioned upon the assignee or sublessee fully assuming and agreeing to be bound by all of the terms, covenants and conditions of this Lease. Further, any rent or other consideration realized by Tenant under any such assignment or subletting in excess of the Gross Rent payable hereunder, after deducting normal and reasonable expenses incurred in subleasing the Premises or assigning this Lease, shall be shared equally between Landlord and User; (b) be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to consent to any assignment of the Lease by Tenant or any further subletting of premises leased pursuant to the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consentTenant.

Landlord’s Consent. This Agreement Landlord shall be entitled to consider any reasonable factor in determining whether or not to consent to a proposed assignment or sublease. Without limiting any other circumstances in which it may be reasonable for Landlord to withhold its consent to a proposed assignment or sublease, Tenant acknowledges and the obligations agrees that it shall be reasonable for Landlord to withhold its consent to a proposed assignment or sublease under any of the parties under it are expressly conditioned upon following circumstances: (a) The financial condition of the proposed assignee or subtenant shall not be equal to or greater than Tenant’s obtaining financial condition as of the date hereof or shall not satisfy Landlord’s consent then-current credit standards for tenants of the Building, or the proposed assignee or subtenant shall not otherwise have the financial capacity to perform all obligations under this Agreement. User Lease to be performed by Tenant; (b) The proposed use of the Premises by the proposed assignee or subtenant shall promptly deliver (i) not comply with the provisions of Article 9 hereof, (ii) not be consistent with the general character of businesses carried on by tenants of a first-class office building, (iii) increase the likelihood of damage or destruction to Tenant any information reasonably requested the Premises or Building, (iv) increase the density of occupancy of the Premises, (v) be likely to cause an increase in insurance premiums for insurance policies carried by Landlord (in connection with Landlord’s approval of this Agreement) with respect to the nature and operation of User’s businessBuilding, or (vi) otherwise adversely impact the Premises, the financial condition of User, Building or both. Tenant and User agree, for the benefit of Landlord, that this Agreement and Landlord’s consent hereto shall not: (a) create privity of contract between Landlord and Userinterest therein; (b) be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or or (c) be construed as Any mortgagee or beneficiary under a waiver deed of Landlord’s right to trust whose consent to any the assignment of the Lease by Tenant or any further subletting of premises leased pursuant to the Lease, or as a waiver of Landlord’s right to sublease is required shall not consent to any assignment by User of this Agreement or any sub-subletting of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consentthereto.

Landlord’s Consent. This Agreement and the obligations of the parties under it are expressly conditioned upon Tenant’s obtaining Landlord’s consent to Tenant shall not assign, pledge, mortgage or otherwise transfer or encumber this Agreement. User shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) with respect to the nature and operation of User’s business, the financial condition of User, or both. Tenant and User agree, for the benefit of Landlord, that this Agreement and Landlord’s consent hereto shall not: (a) create privity of contract between Landlord and User; (b) be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to consent to any assignment of the Lease by Tenant or any further subletting of premises leased pursuant to the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting of nor sublet all or any part of the PropertyDemised Premises or permit the same to be occupied or used by anyone other than Tenant or its employees without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. It will not be unreasonable for Landlord to withhold its consent if the reputation, financial responsibility, or business of a proposed assignee, subtenant or other occupant or user is unsatisfactory to Landlord, or if Landlord deems such business not to be consonant with that of other tenants in the Park, or if the intended use by the proposed assignee, subtenant or other occupant or user is not consistent with the operation of a first-class flex warehouse/distribution facility, or if the intended use by the proposed assignee, subtenant or other occupant or user conflicts with any commitment made by Landlord to any other tenant in the Park, or if the proposed rental rate is lower than the then current rate at which similar space in the Park is being offered by Landlord, or if the proposed agreement with the prospective subtenant or other occupant or user is for less than fifty percent (50%) of the Demised Premises. Landlord’s consent shallacceptance of any name submitted by Tenant, howeveran agent of Tenant, or anyone acting by, through or under Tenant for the purpose of being listed on the Building directory will not be deemed to evidence deemed, nor will it substitute for, Landlord’s agreement that User may use consent, as required by this Lease, to any sublease, assignment, or other occupancy of the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement Demised Premises by giving notice to the anyone other at any time thereafter, but before Landlord grants consentthan Tenant or Tenant’s employees.

Landlord’s Consent. This Agreement Where provision is made in this Lease for Landlord's consent and Landlord shall fail or refuse to give such consent, except to the obligations extent expressly provided herein to the contrary Tenant shall not be entitled to any damages for any withholding by Landlord of its consent, it being intended that Tenant's sole remedy shall be an action for specific performance or injunction and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not unreasonably to withhold its consent. Whenever in this Lease the consent or approval of Landlord or Tenant is required, such consent or approval shall (except to the extent that such consent or approval is specifically designated as being "within the discretion" of a party, or words to that effect, in the applicable provision) not be unreasonably withheld, conditioned or delayed, shall be in writing and shall be executed by a duly authorized officer or agent of the parties under it are expressly conditioned upon Tenant’s obtaining Landlord’s party granting such consent to this Agreement. User shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) with respect to the nature and operation of User’s businessor approval; provided, the financial condition of User, or both. Tenant and User agree, for the benefit of Landlordhowever, that this Agreement and Landlord’s consent hereto Landlord shall not: (a) create privity of contract between Landlord and User; (b) be deemed to have amended reasonably withheld its consent in the Lease in event any regard (unless Landlord shall have expressly agreed Facility Mortgagee withholds its consent or otherwise objects to any proposed consent or approval. With respect only to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to consent to any assignment of the Lease by matters set forth on Schedule 23.9, if either Tenant or any further subletting Landlord fails to respond within ------------- fifteen (15) days (or such shorter or longer period of premises leased pursuant time as may be expressly specified in this Lease) to a request in the Leaseform of a Notice by the other party for a consent or approval, such consent or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting of all or any part of the Property. Landlord’s consent shall, however, approval shall be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consenthave been given.

Landlord’s Consent. (a.) This Agreement Sublease does not constitute an offer to sublease the Subleased Premises to Sublessee and the obligations of the parties under it are expressly conditioned upon Tenant’s obtaining Landlord’s consent to this Agreement. User Sublessee shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) have no rights with respect to the nature leasing of the Subleased Premises unless and operation of User’s businessuntil Sublessor, the financial condition of Userin its sole and absolute discretion, or both. Tenant elects to be bound hereby executing and User agree, for the benefit of Landlord, that this Agreement and unconditionally delivering to Sublessee an original counterpart hereof along with Landlord’s consent hereto shall not: (a) create privity of contract between Landlord and User; (b) be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is form executed by all applicable the parties); or . (cb.) be construed as a waiver Sublessor and Sublessee each acknowledge and agree that this Sublease is subject to the unconditional consent of Landlord’s right to . Sublessor shall diligently pursue Landlord's consent to any assignment hereto in accordance with the terms of the Lease by Tenant or any further subletting of premises leased pursuant to the Lease, provided, however that in no event shall Sublessor be required to expend any sums (other than reasonable legal fees customarily incurred by sublessors in connection with obtaining consents for subleases) or as a waiver bring any lawsuits or other legal proceedings in order to obtain such consent; and if Landlord shall fail or refuse to give such consent, such failure or refusal shall invalidate this Sublease and all the terms and conditions contained herein will be of no force and effect and neither party shall have any liability to the other hereunder. In the event that Landlord’s right to 's consent to any assignment by User of this Agreement or any sub-subletting of all or any part of is not obtained within thirty (30) days following the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreementdate hereof, either party may shall have the right to terminate this Agreement Sublease by giving notice to the other, upon which notice, this Sublease shall be deemed terminated and of no further force and effect and neither party shall have any liability to the other at any time thereafter, but before hereunder. Sublessor shall be responsible for Landlord grants review fees for consent.

Landlord’s Consent. This Agreement and the obligations of the parties under it are expressly conditioned upon TenantIf Xxxxxx wishes to obtain Xxxxxxxx’s obtaining Landlord’s consent to this Agreement. User shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) with respect to the nature and operation of User’s business, the financial condition of User, or both. Tenant and User agree, for the benefit of Landlord, that this Agreement and Landlord’s consent hereto shall not: (a) create privity of contract between Landlord and User; (b) be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to consent to any assignment of the this Lease by Tenant or any further subletting of premises leased pursuant to the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting sublease of all or any part of the PropertyPremises, Tenant shall give written notice to Landlord identifying the intended assignee or subtenant by name and address and specifying the terms of the intended assignment or sublease. LandlordTenant shall give Landlord such additional information concerning the intended assignee or subtenant (including complete financial statements and a business history) or the intended assignment or sublease (including true copies thereof) as Landlord requests. Landlord shall approve or disapprove of any such assignment or subletting within thirty (30) days of Xxxxxx’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets request for the uses set forth in Section 4 aboveconsent. If Landlord fails in writing, within thirty (30) days following Xxxxxx’s delivery of a written request for Xxxxxxxx’s consent, to approve or disapprove any proposed assignment or sublease, then Tenant may provide a second written notice to Landlord, which notice shall state that Landlord’s failure to approve or disapprove such request within ten (10) days shall constitute Landlord’s consent to this Agreement the proposed assignment or sublease. Xxxxxxxx’s failure to approve or disapprove of any assignment or subletting within 30 ten (10) days after of Xxxxxx’s second request for consent shall be deemed Landlord’s approval of the execution and delivery of this Agreementassignment or subletting. If Landlord disapproves any assignment or subletting, either party may terminate this Agreement by giving Landlord shall provide Tenant written notice to with the other at any time thereafter, but before Landlord grants consentreasons for such disapproval.

Landlord’s Consent. This Agreement Landlord shall be entitled to consider any reasonable factor in determining whether or not to consent to a proposed assignment or sublease. Without limiting any other circumstances in which it may be reasonable for Landlord to withhold its consent to a proposed assignment or sublease, Tenant acknowledges and the obligations agrees that it shall be reasonable for Landlord to withhold its consent to a proposed assignment or sublease under any of the parties following circumstances: (a) The financial condition of the proposed assignee or subtenant shall not be equal to or greater than Tenant's financial condition as of the date hereof or shall not satisfy Landlord's then-current credit standards for tenants of the Building, or the proposed assignee or subtenant shall not otherwise have the financial capacity to perform all obligations under it are expressly conditioned upon this Lease to be performed by Tenant’s obtaining Landlord’s consent ; (b) The proposed use of the Premises by the proposed assignee or subtenant shall (i) not comply with the provisions of Article 9 hereof, (ii) not be consistent with the general character of businesses carried on by tenants of a first-class office building, (iii) increase the likelihood of damage or destruction to this Agreement. User shall promptly deliver the Premises or Building, (iv) increase the density of occupancy of the Premises, (v) be likely to Tenant any information reasonably requested cause an increase in insurance premiums for insurance policies carried by Landlord (in connection with Landlord’s approval of this Agreement) with respect to the nature and operation of User’s businessBuilding, or (vi) otherwise adversely impact the Premises, the financial condition of User, Building or both. Tenant and User agree, for the benefit of Landlord, that this Agreement and Landlord’s consent hereto shall not: (a) create privity of contract between Landlord and User's interest therein; (b) be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or or (c) be construed as Any mortgagee or beneficiary under a waiver deed of Landlord’s right to trust whose consent to any the assignment of the Lease by Tenant or any further subletting of premises leased pursuant to the Lease, or as a waiver of Landlord’s right to sublease is required shall not consent to any assignment by User of this Agreement or any sub-subletting of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consentthereto.

Landlord’s Consent. This Agreement and Except as set forth herein, Tenant shall not, without the obligations prior written consent of Landlord: (i) assign, convey or otherwise transfer this Lease or any interest hereunder, or sublease the Premises, or any part thereof, whether voluntarily or by operation of law (excluding any leasehold mortgage or general pledge or assignment of all of Tenant’s assets to secure general borrowings of Tenant); or (ii) sublease or otherwise permit the use of the parties under it are expressly conditioned upon Tenant’s obtaining Premises, or any part thereof, by any person other than Tenant and its employees. Any such transfer, sublease or use described in the preceding sentence (a “Transfer”) occurring without the prior written consent of Landlord shall be void and of no effect. Landlord’s consent to this Agreement. User any Transfer shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) with respect to the nature and operation of User’s business, the financial condition of User, or both. Tenant and User agree, for the benefit of Landlord, that this Agreement and Landlord’s consent hereto shall not: (a) create privity of contract between Landlord and User; (b) be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or (c) be construed as not constitute a waiver of Landlord’s right to withhold its consent to any future Transfer. Landlord’s consent to any Transfer or acceptance of rent from any party other than Tenant shall not release Tenant from any covenant or obligation under this Lease. Landlord may require as a condition to its consent to any assignment of this Lease that the assignee execute an instrument in which such assignee assumes the obligations of Tenant hereunder. Notwithstanding any other provisions of this Lease, Landlord’s prior written consent shall not be required if Tenant assigns this Lease by Tenant or any further subletting of premises leased pursuant interest herein, or sublets to the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting of all Premises or any part thereof, to any corporation, limited liability company, partnership, or other entity (such an entity shall be referred to herein as a “Related Entity”) which (i) is controlled by, controlling, or under common control with Tenant; or (ii) shall merge or consolidate with or into Tenant; or (iii) shall succeed to all or substantially all of the Property. Landlord’s consent shallassets, property, and business Tenant conducted at or from the Premises; provided, however, that Tenant shall not thereby be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to relieved of its obligations under this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consentLease.

Landlord’s Consent. This Agreement and the obligations of the parties under it are expressly conditioned upon Tenant’s obtaining Tenant shall not enter into a Sublet without Landlord’s prior written consent, which consent to this Agreementshall not be unreasonably withheld, conditioned or delayed. User shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Any attempted or purported Sublet without Landlord’s approval of prior written consent shall be void and confer no rights upon any third person and, at Landlord’s election, shall terminate this Agreement) with respect to the nature and operation of User’s business, the financial condition of User, or bothLease. Tenant and User agreeEach Subtenant shall agree in writing, for the benefit of Landlord, to assume, to be bound by, and to perform and observe the terms, covenants and conditions of this Lease to be performed and observed by Tenant. Every Sublet shall recite that it is, and shall be, subject and subordinate to the provisions of this Agreement Lease, and that the termination of this Lease shall constitute a termination (at the option of the Landlord) of every such Sublet. Notwithstanding anything contained herein, (i) Tenant shall not be released from personal liability for the performance of any of the terms, covenants and conditions of this Lease by reason of Landlord’s consent hereto shall not: (a) create privity of contract between Landlord and User; (b) be deemed to have amended the Lease in any regard (a Sublet unless Landlord specifically grants such release in writing (it being agreed that Landlord has no obligation to do so), and (ii) the parties agree that it shall have expressly agreed be reasonable for Landlord to withhold its consent to any proposed Sublet when the amendment and such amendment proposed Subtenant is executed by all applicable parties); an occupant of the Property or (c) be construed as is a waiver third party which is already involved in negotiations with Landlord to lease space in the Project. Without limiting the generality of Landlord’s right discretion in determining whether it is reasonable to withhold consent to for any assignment of the Lease by Tenant or any further subletting of premises leased pursuant to the Leaserequested Sublet, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting of all or any part of the Property. Landlord’s consent shall, however, it shall be deemed reasonable for Landlord to evidence Landlord’s agreement that User may withhold such consent if the proposed Subtenant would use the Shared Space, User Office Space and Shared Assets Premises for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the any use other at any time thereafter, but before Landlord grants consentthan for general office purposes.

Landlord’s Consent. This Agreement In the event Landlord consents to any assignment or subletting, such consent shall not constitute a waiver of any of the restrictions of this Article XIV and the same shall apply to each successive assignment or subletting hereunder, if any. In no event shall Landlord's consent to an assignment or subletting affect the continuing primary liability of Tenant (which, following assignment, shall be joint and several with the assignee), or relieve Tenant of any of its obligations hereunder without an express written release being given by Landlord. In the event that Landlord shall consent to an assignment or subletting under this Article XIV, such assignment or subletting shall not be effective until the assignee or sublessee shall assume all of the obligations of this Lease on the parties under part of Tenant to be performed or observed and whereby the assignee or sublessee shall agree that the provisions contained in this Lease shall, notwithstanding such assignment or subletting, continue to be binding upon it are expressly conditioned upon Tenant’s obtaining Landlord’s consent to this Agreement. User shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) with respect to the nature all future assignments and operation of User’s business, the financial condition of User, sublettings. Such assignment or both. Tenant sublease agreement shall be duly executed and User agree, for the benefit of fully executed copy thereof shall be delivered to Landlord, that this Agreement and Landlord’s consent hereto Landlord may collect Monthly Rent and Additional Rent due hereunder directly from the assignee or sublessee. Collection of Monthly Rent and Additional Rent directly from an assignee or sublessee shall not: (a) create privity not constitute a recognition of contract between Landlord and User; (b) be deemed to have amended such assignee or sublessee as the Lease in any regard (unless Landlord shall have expressly agreed to Tenant hereunder or a release of Tenant from the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to consent to any assignment of the Lease by Tenant or any further subletting of premises leased pursuant to the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting performance of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consentits obligations hereunder.

Landlord’s Consent. This Agreement Neither Tenant nor Subtenant nor any successor Subtenant thereof, no matter how remote, shall enter into a Sublet without Landlord's prior written consent, which consent shall not be unreasonably withheld. Any attempted or purported Sublet without Landlord's prior written consent shall be void and the obligations of the parties under it are expressly conditioned confer no rights upon Tenant’s obtaining any third person and, at Landlord’s consent to 's election, shall terminate this AgreementLease. User Each Subtenant shall promptly deliver to Tenant any information reasonably requested by Landlord (agree in connection with Landlord’s approval of this Agreement) with respect to the nature and operation of User’s business, the financial condition of User, or both. Tenant and User agreewriting, for the benefit of Landlord, that to assume, to be bound by, and to perform the terms, conditions and covenants of this Agreement Lease to be performed by Tenant. Notwithstanding anything contained herein, Tenant shall not be released from liability for the performance of each term, condition and covenant of this Lease by reason of Landlord’s 's consent hereto to a Sublet unless Landlord specifically grants such release in writing. Consent by Landlord to any Sublet shall not: (a) create privity of contract between Landlord and User; (b) not be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to consent to any assignment of the Lease by subsequent Sublet. Landlord acknowledges that Tenant or any further subletting of premises leased pursuant intends to sublease 0000 Xxxx Xxxxxxxx Xxxx, subject however to the Lease, or as a waiver of Landlord’s right to consent to any assignment by User provisions of this Agreement or any sub-subletting of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 aboveparagraph 25. If Landlord fails to does consent to this Agreement within 30 days after a Sublet, Tenant or each Subtenant or successor Subtenant shall pay to Landlord a one-time Sublet fee of $1,000 for each Sublet, except the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice first Sublet to pay in part for Landlord's expenses in reviewing the other at any time thereafter, but before Landlord grants consentproposed Sublet transaction.

Landlord’s Consent. (a) This Agreement Sublease and the obligations of the parties under it hereunder are expressly conditioned upon Tenant’s (i) Sublandlord's obtaining the Consent of Landlord to this Sublease and (ii) the mutual execution of that certain lease agreement between Landlord and Subtenant for Suite 150 at the Building (the “Adjacent Lease”). The Consent must contain Landlord’s consent to Subtenant’s ability to install the Subtenant’s Security System, in accordance with Section 21 below, or it will not be effective to waive Sublandlord’s and Subtenant’s termination right under this AgreementSection 19(b). User Subtenant shall promptly deliver to Tenant Sublandlord any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) the Consent with respect to the nature and operation of User’s Subtenant's business, the financial condition of UserSubtenant, or both. Tenant and User agree, for the benefit of any other information reasonably requested by Landlord, that this Agreement and Landlord’s consent hereto shall not: (a) create privity of contract between Landlord and User; . (b) be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to consent to any assignment of the Lease by Tenant or any further subletting of premises leased pursuant to the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement provide the Consent or the Adjacent Lease within 30 (30) days after the execution and delivery of date the parties execute this AgreementSublease, either party may shall have the right to terminate this Agreement Sublease by giving written notice thereof to the other at any time thereafter, but before before, Landlord grants consentsuch consent provided, however, neither party shall have a right to terminate pursuant to the foregoing if Landlord’s refusal to grant consent is attributable to such party’s failure to comply with the terms of this Sublease with respect to requesting such Consent.

Landlord’s Consent. This Agreement and the obligations of the parties under it are expressly conditioned upon Tenant’s obtaining Tenant shall not enter into a Sublet without Landlord’s consent to this Agreement. User shall promptly deliver to Tenant any information reasonably requested by Landlord (prior written consent, in connection with Landlord’s approval sole and absolute discretion. Tenant shall retain one hundred percent (100%) of all profits from an approved sublease. Any attempted or purported Sublet without Landlord’s prior written consent shall be void and confer no rights upon any third person and shall be deemed a material default of this Agreement) with respect to the nature and operation of User’s business, the financial condition of User, or bothLease. Tenant and User agreeEach Subtenant shall agree in writing, for the benefit of Landlord, that to assume, to be bound by, and to perform the terms, conditions and covenants of this Agreement Lease to be performed by Tenant. Notwithstanding anything contained herein, Tenant shall not be released from liability for the performance of each term, condition and covenant of this Lease by reason of Landlord’s consent hereto to a Sublet unless Landlord specifically grants such release in writing. 23.2 Co-location. Notwithstanding the foregoing Section 23.1, so long as Tenant is operating in the Premises providing telecommunication services, Tenant may co-locate customer equipment in the Premises for the purpose of connecting such customer equipment to Tenant’s telecommunication or network facilities in order for each to provide services to its respective customers (each, a “Co-Location”). Tenant shall not: (a) create privity not be required to pay to or share with Landlord any profits or co-location fees or charges Tenant receives from the customers whose equipment is co-located. No tenancy or sub-tenancy shall be created by the co-location of contract between equipment allowed under this Section 23.2, nor shall co-location under this section be considered an assignment or transfer under this Lease. Tenant shall fully and completely indemnify Landlord for any and User; (b) be deemed to have amended the Lease all claims brought or threatened against Landlord in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or (c) be construed as way connected with a waiver of Landlord’s right to consent to any assignment of the Lease by Tenant or any further subletting of premises leased pursuant to the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any subCo-subletting of all or any part of the PropertyLocation. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses The indemnity set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after section shall survive the execution and delivery termination or expiration of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consentLease. 24.

Landlord’s Consent. This Agreement In the event Landlord consents to any assignment or subletting, such consent shall not constitute a waiver of any of the restrictions of this Article XIV and the same shall apply to each successive assignment of subletting hereunder, if any. In no event shall Landlord's consent to an assignment or subletting affect the continuing primary liability of Tenant (which, following assignment, shall be joint and several with the assignee), or relieve Tenant of any of its obligations hereunder without an express written release being given by Landlord. In the event that Landlord shall consent to an assignment or subletting under this Article XIV, such assignment or subletting shall not be effective under the assignee or sublessee shall assume all of the obligations of this Lease on the parties under part of Tenant to be performed or observed and whereby the assignee or sublessee shall agree that the provisions contained in this Lease shall, notwithstanding such assignment or subletting, continue to be binding upon it are expressly conditioned upon Tenant’s obtaining Landlord’s consent to this Agreement. User shall promptly deliver to Tenant any information reasonably requested by Landlord (in connection with Landlord’s approval of this Agreement) with respect to the nature all future assignments and operation of User’s business, the financial condition of User, sublettings. Such assignment or both. Tenant sublease agreement shall be duly executed and User agree, for the benefit of a fully executed copy thereof shall be delivered to Landlord, that this Agreement and Landlord’s Landlord may collect Monthly Rent and Additional Rent due hereunder directly from the assignee or sublessee. Collection of Monthly Rent and Additional Rent directly from an assignee or sublessee shall not constItute a consent hereto shall not: (a) create privity of contract between Landlord and User; (b) be deemed to have amended the Lease in any regard (unless Landlord shall have expressly agreed to the amendment and such amendment is executed by all applicable parties); or (c) be construed as a waiver of Landlord’s right to the necessity of consent to any such assignment of subletting, nor shall such collection constitute a recognition of such assignee or sublessee as the Lease by Tenant hereunder or any further subletting a release of premises leased pursuant to Tenant from the Lease, or as a waiver of Landlord’s right to consent to any assignment by User of this Agreement or any sub-subletting performance of all or any part of the Property. Landlord’s consent shall, however, be deemed to evidence Landlord’s agreement that User may use the Shared Space, User Office Space and Shared Assets for the uses set forth in Section 4 above. If Landlord fails to consent to this Agreement within 30 days after the execution and delivery of this Agreement, either party may terminate this Agreement by giving notice to the other at any time thereafter, but before Landlord grants consentits obligations hereunder.