Common use of Other Lease Activity Clause in Contracts

Other Lease Activity. Except as provided in this Section 13.3 or described on Exhibit S hereto, without the prior consent of Buyer, which shall not be unreasonably withheld (a) no Lease shall be modified or amended except as provided in Section 13.1 with respect to extensions, renewals or expansions of Leases and the execution of New Leases, (b) Seller shall not consent to any assignment or sublease in connection with any Lease or New Lease, (c) Seller shall not remove any tenant under any Lease or New Lease, whether by summary proceedings or otherwise, except by reason of a default of the tenant under the Lease or New Lease, and (d) Seller shall not consent to any material alterations or waive any of Seller's rights under any Lease or New Lease. In furtherance of the foregoing, Seller shall deliver to Buyer a written notice of each proposed action of the type described in clauses (a) through (c) above which Seller has been asked or proposes to take, stating, if applicable, whether Seller is willing to consent to such action and setting forth the relevant information therefor. Buyer shall notify Seller in writing whether or not it approves such action within four (4) business days after delivery to Buyer of Seller's notice containing the aforementioned information. If Buyer notifies Seller that it disapproves such action, Buyer's notice shall state with specificity the reasons for such disapproval. If Buyer shall not give written notice of its disapproval of such action within such four (4) business day period, Seller may give Buyer a second notice. If Buyer fails to object in writing within one (1) business day after receipt of such second notice, Buyer shall be deemed to have approved such action. If any Lease requires that the landlord's consent be given under the applicable circumstances (or not be unreasonably withheld), then Buyer shall be deemed ipso facto to have approved such action. Subject to its reimbursement rights pursuant to Section 13.2, Seller shall perform all of the obligations of the landlord under the Leases and New Leases which under the terms of such Leases and New Leases are required to be performed by the landlord prior to the Closing Date.

Other Lease Activity. Except as provided in this Section 13.3 or described on Exhibit S hereto13.2, -------------------- ------------ without the prior consent of BuyerREIT OP, which shall not be unreasonably withheld (ai) no Lease shall be modified or amended except as provided in Section 13.1 ------------ with respect to extensions, renewals or expansions of Leases and the execution of New Leases, (bii) Seller Prudential shall not consent to any assignment or sublease in connection with any Lease or New Lease, Lease and (ciii) Seller Prudential shall not remove any tenant under any Lease or New Lease, whether by summary proceedings or otherwise, except by reason of a default of the tenant under the Lease or New Lease, and (d) Seller shall not consent to any material alterations or waive any of Seller's rights under any Lease or New Lease. In furtherance of the foregoing, Seller Prudential shall deliver to Buyer REIT OP a written notice of each proposed action of the type described in clauses (ai) through - (ciii) above which Seller Prudential has been asked or proposes to take, stating, if applicable, whether Seller Prudential is willing to consent to such action and setting forth the relevant information therefor. Buyer REIT OP shall notify Seller in writing have five (5) Business Days after delivery to it of such notice and information to determine whether or not it approves to approve such action within four (4) business days after delivery to Buyer of Seller's notice containing the aforementioned informationaction. If Buyer notifies Seller that it disapproves such action, Buyer's notice shall state with specificity the reasons for such disapproval. If Buyer REIT OP shall not give written notice of its disapproval of such action within such four five (45) business day Business Day period, Seller may give Buyer a second notice. If Buyer fails to object in writing within one (1) business day after receipt of such second notice, Buyer REIT OP shall be deemed to have approved such action. If any Lease requires that the landlord's consent be given under the applicable circumstances (or not be unreasonably withheld), then Buyer REIT OP shall be deemed ipso facto to have approved such action. Subject ---------- to its reimbursement rights pursuant to Section 13.2, Seller Prudential shall perform ------------ all of the obligations of the landlord under the Leases and New Leases which under the terms of such Leases and New Leases are required to be performed by the landlord prior to the Closing Date.

Other Lease Activity. Except as provided in this Section 13.3 or described on Exhibit S hereto13.3, without the prior consent of Buyer, which shall not be unreasonably withheld (a) no Lease shall be modified or amended except as provided in Section 13.1 with respect to extensions, renewals or expansions of Leases and the execution of New Leases, (b) Seller shall not consent to any assignment or sublease in connection with any Lease or New Lease, Lease and (c) Seller shall not remove any tenant under any Lease or New Lease, whether by summary proceedings or otherwise, except by reason of a material default of the tenant under the Lease or New Lease, and (d) Seller shall not consent to any material alterations or waive any of Seller's rights under any Lease or New Lease. In furtherance of the foregoingfore-going, Seller shall deliver to Buyer a written notice of each proposed action of the type described in clauses (a) through (c) above which Seller has been asked or proposes to take, stating, if applicable, whether Seller Buyer is willing to consent to such action and setting forth the relevant information therefor. Buyer shall notify Seller in writing whether or not it approves such action within four three (43) business days after delivery to Buyer of Seller's notice containing the aforementioned information. If Buyer notifies Seller that it disapproves such action, Buyer's notice shall state with specificity the reasons for such disapproval. If Buyer shall not give written notice of its disapproval of such action within such four three (43) business day period, Seller may give Buyer a second notice. If Buyer fails to object in writing within one (1) business day after receipt of such second notice, Buyer shall be deemed to have approved such action. If any Lease requires that the landlord's consent be given under the applicable circumstances (or not be unreasonably withheld), then Buyer shall be deemed ipso facto to have approved such action. Subject to its reimbursement rights pursuant to Section 13.2, Seller shall perform all of the obligations of the landlord under the Leases and New Leases which under the terms of such Leases and New Leases are required to be performed by the landlord prior to the Closing Date.

Other Lease Activity. Except as provided in this Section 13.3 or described on Exhibit S heretoSECTION 13.2, without the prior consent of Buyer, which shall not be unreasonably withheld (ai) no Lease shall be modified or amended except as provided in Section SECTION 13.1 with respect to extensions, renewals or expansions of existing Leases and the execution of New Leases, (bii) Seller shall not consent to any assignment or sublease in connection with any Lease or New Lease, and (ciii) Seller shall not remove any tenant under any Lease or New Lease, whether by summary proceedings or otherwise, except by reason of a default of the tenant under the Lease or New Lease, and (d) Seller shall not consent to any material alterations or waive any of Seller's rights under any Lease or New Lease. In furtherance of the foregoing, Seller shall deliver to Buyer a written notice of each proposed action of the type described in clauses (ai) through - (ciii) above hereinabove which Seller has been asked or proposes to take, stating, if applicable, whether Seller is willing to consent to such action and setting forth the relevant information therefor. Buyer shall notify Seller in writing whether or not it approves such action within four have five (45) business days after delivery to Buyer it of Seller's such notice containing the aforementioned information. If Buyer notifies Seller that it disapproves and information to determine whether or not to approve such action, Buyer's notice shall state with specificity the reasons for such disapproval. If Buyer shall not give written notice of its disapproval of such action within such four five (45) business day period, Seller may give Buyer a second notice. If Buyer fails to object in writing within one (1) business day after receipt of such second notice, Buyer shall be deemed to have approved such action. If any Lease requires REQUIRES that the landlord's consent be given under the applicable circumstances (or not be unreasonably withheld), then Buyer shall be deemed ipso facto IPSO FACTO to have approved such action. Subject to its reimbursement rights pursuant to Section 13.2, Seller shall perform all of the obligations of the landlord under the Leases and New Leases which under the terms of such Leases and New Leases are required to be performed by the landlord prior to the Closing Date.

Other Lease Activity. Except as provided in this Section 13.3 or described on Exhibit S hereto13.3, without the prior consent of BuyerMeridian, which shall not be unreasonably withheld (a) no Lease shall be modified or amended except as provided in Section 13.1 with respect to extensions, renewals or expansions of Leases and the execution of New Leases, (b) Seller Prudential shall not consent to any assignment or sublease in connection with any Lease or New Lease, Lease and (c) Seller Prudential shall not remove any tenant under any Lease or New Lease, whether by summary proceedings or otherwise, except by reason of a default of the tenant under the Lease or New Lease, and (d) Seller shall not consent to any material alterations or waive any of Seller's rights under any Lease or New Lease. In furtherance of the foregoing, Seller Prudential shall deliver to Buyer Meridian a written notice of each proposed action of the type described in clauses (a) through (c) above which Seller Prudential has been asked or proposes to take, stating, if applicable, whether Seller Prudential is willing to consent to such action and setting forth the relevant information therefor. Buyer Meridian shall notify Seller Prudential in writing whether or not it approves such action within four three (43) business days after delivery to Buyer Meridian of SellerPrudential's notice containing the aforementioned information. If Buyer Meridian notifies Seller Prudential that it disapproves such action, BuyerMeridian's notice shall state with specificity the reasons for such disapproval. If Buyer Meridian shall not give written notice of its disapproval of such action within such four three (43) business day period, Seller may give Buyer a second notice. If Buyer fails to object in writing within one (1) business day after receipt of such second notice, Buyer Meridian shall be deemed to have approved such action. If any Lease requires that the landlord's consent be given under the applicable circumstances (or not be unreasonably withheld), then Buyer Meridian shall be deemed ipso facto to have approved such action. Subject to its reimbursement rights pursuant to Section 13.2, Seller Prudential shall perform all of the obligations of the landlord under the Leases and New Leases which under the terms of such Leases and New Leases are required to be performed by the landlord prior to the Closing Date.

Other Lease Activity. Except with respect to Prospective Leases or as provided in this Section 13.3 or described on Exhibit S hereto13.3, without the prior consent of Buyer, which shall not be unreasonably withheld prior to expiration of the Due Diligence Period but may be granted or withheld in Buyer's sole discretion thereafter, (a) no Lease shall be modified or amended except as provided in Section 13.1 with respect to extensions, renewals or expansions of Leases and the execution of New Leases, (b) Seller shall not consent to any assignment or sublease in connection with any Lease or New Lease, Lease and (c) Seller shall not remove any tenant under any Lease or New Lease, whether by summary proceedings or otherwise, except by reason of a default of the tenant under the Lease or New Leasewithout Buyer's consent, and (d) Seller shall not consent to any material alterations or waive any of Seller's rights under any Lease or New Leasebe unreasonably withheld. In furtherance of the foregoing, Seller shall deliver to Buyer a written notice of each proposed action of the type described in clauses (a) through (c) above which Seller has been asked or proposes to take, stating, if applicable, whether Seller is willing to consent to such action and setting forth the relevant information therefor. Buyer shall notify Seller in writing whether or not it approves such action within four ten (410) business days after delivery to Buyer of Seller's notice containing the aforementioned information. If Buyer notifies Seller that it disapproves such action, Buyer's notice shall state with specificity the reasons for such disapproval. If Buyer shall not give written notice of its disapproval of such action within such four ten (410) business day period, Seller may give Buyer a second notice. If Buyer fails to object in writing within one (1) business day after receipt of such second notice, Buyer shall be deemed to have approved such action. If any Lease requires that the landlord's consent be given under the applicable circumstances (or not be unreasonably withheld)circumstances, then Buyer shall be deemed ipso facto to have approved such action. Subject to its reimbursement rights pursuant to Section 13.2, Seller shall perform all of the obligations of the landlord under the Leases and New Leases which under the terms of such Leases and New Leases are required to be performed by the landlord prior to the Closing Date.

Other Lease Activity. Except as provided in this Section 13.3 or described on Exhibit S hereto13.3, without the prior consent of Buyer, which which, during the Due Diligence Period, shall not be unreasonably withheld (a) no Lease shall be modified or amended except as provided in Section 13.1 with respect to extensions, renewals or expansions of Leases any material and the execution of New Leasesadverse manner, (b) Seller shall not consent to any assignment or sublease in connection with any Lease or New Lease, and (c) Seller shall not remove any tenant under any Lease or New Lease, whether by summary proceedings or otherwise, except by reason of a default of the tenant under the Lease or New Lease, and (d) Seller shall not consent to any material alterations or waive any of Seller's rights under any Lease or New Lease. In furtherance of the foregoing, Seller shall deliver to Buyer a written notice of each proposed action of the type described in clauses (a) through (c) above which require Buyer's consent and which Seller has been asked or proposes to take, stating, if applicable, whether Seller is willing to consent to such action and setting forth the relevant information therefor. Buyer shall notify Seller in writing whether or not it approves such action within four five (45) business days after delivery to Buyer of Seller's notice containing the aforementioned information. If Buyer notifies Seller that it disapproves such action, Buyer's notice shall state with specificity the reasons for such disapproval. If Buyer shall not give written notice of its disapproval of such action within such four five (45) business day period, Seller may give Buyer a second notice. If Buyer fails to object in writing within one (1) business day after receipt of such second notice, Buyer shall be deemed to have approved such action. If any Lease requires that the landlord's consent be given under the applicable circumstances (or not be unreasonably withheld), then Buyer shall be deemed ipso facto to have approved such action. Subject to its reimbursement rights pursuant to Section 13.2, Seller shall perform all of the obligations of the landlord under the Leases and New Leases which under the terms of such Leases and New Leases are required to be performed by the landlord prior to the Closing Date.

Other Lease Activity. Except as provided in this Section 13.3 or described on Exhibit S hereto13.3, without the prior consent of Buyer, which shall not be unreasonably withheld (a) no Lease shall be modified or amended except as provided in Section 13.1 with respect to extensions, renewals or expansions of Leases and the execution of New Leases, (b) Seller shall not consent to any assignment or sublease in connection with any Lease or New Lease, Lease and (c) Seller shall not remove any tenant under any Lease or New Lease, whether by summary proceedings or otherwise, except by reason of a default of the tenant under the Lease or New Lease, and (d) Seller shall not consent to any material alterations or waive any of Seller's rights under any Lease or New Lease. In furtherance of the foregoing, Seller shall deliver to Buyer a written notice of each proposed action of the type described in clauses (a) through (c) above which Seller has been asked or proposes to take, stating, if applicable, whether Seller is willing to consent to such action and setting forth the relevant information therefor. Buyer shall notify Seller in writing whether or not it approves such action within four three (43) business days after delivery to Buyer of Seller's notice containing the aforementioned information. If Buyer notifies Seller that it disapproves such action, Buyer's notice shall state with specificity the reasons for such disapproval. If Buyer shall not give written notice of its approval or disapproval of such action within such four three (43) business day period, Seller may give Buyer a second notice. If Buyer fails to object in writing within one (1) business day after receipt of such second notice, Buyer shall be deemed to have approved disapproved such action. If any Lease requires that the landlord's consent be given under the applicable circumstances (or not be unreasonably withheld), then Buyer shall be deemed ipso facto to have approved such action. Subject to its reimbursement rights pursuant to Section 13.2, Seller shall perform all of the obligations of the landlord under the Leases and New Leases which under the terms of such Leases and New Leases are required to be performed by the landlord prior to the Closing Date.