Common use of Permitted Subletting Clause in Contracts

Permitted Subletting. Unless an Event of Default has occurred and is continuing, Landlord shall not unreasonably withhold or delay Landlord's consent to sublettings by Tenant of a part or parts of the Leased Premises, but Landlord shall not be obligated to consent to a subletting for a use prohibited by Section 6(a). Each such subletting shall be for undivided occupancy by the subtenant of that part of the Floor affected thereby for the use permitted under this Lease. Landlord may, however, withhold such consent if, in Landlord's reasonable judgment, the proposed subtenant is not engaged in a business consistent with the character and dignity of the Building, or will impose any additional material burden upon Landlord in the operation of the Building (to an extent greater than the burden to which Landlord would have been put if Tenant continued to use, or used, such part of the Leased Premises for its own purposes). In the event of any dispute between Landlord and Tenant as to the reasonableness of Landlord's refusal to consent to any subletting such dispute shall be submitted to mediation pursuant to Section 28. Except as otherwise set forth in subsection (a), if any portion of the Leased Premises is sublet at any time, and if the rent received by Tenant on account of such subletting exceeds the Basic Rent, allocated to the space subject to the sublease in the proportion of the area of such space to the Rentable Area of the Leased Premises, plus actual out-of-pocket expenses incurred by Tenant in connection with Tenant's subleasing of such space, including advertising, attorneys' fees, brokerage commissions and the unamortized cost of preparing such space for occupancy by the subtenant, then, except as otherwise provided in the next sentence, Tenant shall pay to Landlord fifty percent (50%) of such excess, monthly as received by Tenant from the subtenant. Except as otherwise set forth in subsection (a), Landlord shall not share in any profit derived by Tenant from the permitted subletting of all or any part of the space located on the Floor designated by Tenant as its "Sublet Floor" in a notice given to Landlord before Tenant enters into its first permitted sublease pursuant to this subsection. Notwithstanding anything to the contrary in this Section 15(d), Tenant shall have the right to sublet space in the Leased Premises to Tenant's affiliates (hereinafter defined), subcontractors or consultants without notice to or the consent of Landlord, and, except as set forth in Section 15(a), without paying any portion of the profits of such subletting to Landlord. As used herein, a "Tenant's affiliate" shall mean a corporation or other entity which controls, is controlled by or is under common control with Tenant, or which is a joint venture partner of Tenant.

Permitted Subletting. Unless an Event Notwithstanding any of Default has occurred the provisions in this Lease to the contrary, during the first seven (7) years following the Term Commencement Date, provided that it is not in default under the terms of this Lease, the original Lessee shall have the right, without the Lessor's consent and is continuingwithout payment of any Transfer Consideration, Landlord to sublease portions of the Premises to one or more subtenants provided that (i) the total aggregate space subleased to all subtenants at any one time shall not unreasonably withhold exceed one-half of the Premises and (ii) the Lessee shall remain primarily liable for the performance of all of the terms and conditions of this Lease. If during the first seven (7) years following the Term Commencement Date, the original Lessee enters into any sublease or delay Landlordcombination of subleases with Lessor's consent to sublettings by Tenant of a part or parts which aggregate more than 50% of the Leased Premises, but Landlord shall not be obligated to consent to a subletting for a use prohibited by Section 6(a). Each such subletting shall be for undivided occupancy by the subtenant of that part no more than 60% of the Floor affected thereby for Premises, commencing on the use permitted date of the sublease which causes the subleased portion of the Premises to exceed 50%, Lessee shall pay Lessor 25% of the Transfer Consideration with respect to the entire area subleased under this Leaseall subleases. Landlord may, however, withhold such consent if, in Landlord's reasonable judgmentIf during the first seven (7) years following the Term Commencement Date, the proposed subtenant is not engaged in a business consistent original Lessee enters into any sublease or combination of subleases with the character and dignity Lessor's consent which aggregate more than 60% of the BuildingPremises, or will impose any additional material burden upon Landlord in commencing on the operation date of the Building (to an extent greater than sublease which causes the burden to which Landlord would have been put if Tenant continued to use, or used, such part subleased portion of the Leased Premises for its own purposes). In to exceed 60%, Lessee shall pay Lessor 50% of the event of any dispute between Landlord and Tenant as Transfer Consideration with respect to the reasonableness entire area subleased under all subleases. Commencing on the seventh anniversary of Landlord's refusal to consent the Term Commencement Date, Lessee shall pay Lessor 50% of the Transfer Consideration paid or received after such anniversary date with respect to any subletting such dispute shall be submitted to mediation pursuant to Section 28subleases entered into during the first seven (7) years following the Term Commencement Date whose terms extend beyond the seventh anniversary of the Term Commencement Date. Except as otherwise set forth in subsection (a), if Any sublease of any portion of the Leased Premises is sublet at any time, and if entered into after the rent received by Tenant on account seventh anniversary of such subletting exceeds the Basic Rent, allocated to the space Term Commencement Date shall be subject to the sublease in requirement that the proportion prior written consent of the area of such space to the Rentable Area Lessor be obtained as provided herein, and Lessee shall pay Lessor 50% of the Leased Premises, plus actual out-of-pocket expenses incurred by Tenant in connection Transfer Consideration with Tenant's subleasing of respect to such space, including advertising, attorneys' fees, brokerage commissions sublease and the unamortized cost of preparing such space for occupancy by the subtenant, then, except as otherwise provided in the next sentence, Tenant shall pay to Landlord fifty percent (50%) of such excess, monthly as received by Tenant from the subtenant. Except as otherwise set forth in subsection (a), Landlord shall not share in any profit derived by Tenant from the permitted subletting of entire area subleased under all or any part of the space located on the Floor designated by Tenant as its "Sublet Floor" in a notice given to Landlord before Tenant enters into its first permitted sublease pursuant to this subsection. Notwithstanding anything to the contrary in this Section 15(d), Tenant shall have the right to sublet space in the Leased Premises to Tenant's affiliates (hereinafter defined), subcontractors or consultants without notice to or the consent of Landlord, and, except as set forth in Section 15(a), without paying any portion of the profits of such subletting to Landlord. As used herein, a "Tenant's affiliate" shall mean a corporation or other entity which controls, is controlled by or is under common control with Tenant, or which is a joint venture partner of Tenantsubleases.

Permitted Subletting. Unless an Event The terms of Default has occurred Paragraph 6.1 above notwithstanding, and provided that Tenant is continuingnot then in default under this Lease, if at any time or from time to time during the Lease Term, Tenant desires to sublease all (but not less than all) of the Premises, Tenant shall notify Landlord in writing of the terms of the proposed subleasing, the identity of the proposed sublessee, a copy of the proposed sublease, and such other information as Landlord may reasonably specify to evaluate Tenant's request. Within thirty (30) days subsequent to Landlord's receipt of the proposed sublease and such requested additional information, Landlord shall not unreasonably withhold approve or delay disapprove in writing the proposed sublease and the proposed sublessee. Landlord's consent approval of the proposed sublease and/or subleesee shall not be unreasonably withheld, conditioned or delayed. If, with the written approval of Landlord, the Premises are subleased, Landlord may, after default by Tenant, collect Rent from the subtenant, and apply the net amount collected to sublettings the Base Rent and additional rental herein reserved, but no such subleasing or collection shall be deemed: (i) a waiver of any of Tenant's covenants contained in this Lease; (ii) the acceptance by Landlord of the subtenant as Tenant; or (iii) the release of Tenant from further performance by Tenant of a part or parts of the Leased Premises, but Landlord shall not be obligated to consent to a subletting for a use prohibited by Section 6(a). Each such subletting shall be for undivided occupancy by the subtenant of that part of the Floor affected thereby for the use permitted its covenants under this Lease. Landlord may, however, withhold such consent if, in Landlord's reasonable judgmentapproval of or consent to a sublease transaction shall not operate to release Tenant from its liability hereunder, the and shall not affect Landlord's rights under this Paragraph 6.3 as to any subsequent proposed subtenant is not engaged in a business consistent with the character sublease. Tenant covenants and dignity agrees to deliver to Landlord one (1) fully executed counterpart of the Building, or will impose instruments and documents (including amendments thereto) evidencing any additional material burden upon Landlord in the operation of the Building (to an extent greater than the burden to which Landlord would have been put if Tenant continued to use, or used, such part of the Leased Premises for its own purposes). In the event of any dispute between Landlord and Tenant as to the reasonableness of Landlord's refusal to consent to any subletting such dispute shall be submitted to mediation pursuant to Section 28. Except as otherwise set forth in subsection (a), if any portion of the Leased Premises is sublet at any time, and if the rent received by Tenant on account of such subletting exceeds the Basic Rent, allocated to the space subject to the sublease in the proportion of the area of such space to the Rentable Area of the Leased Premises, plus actual out-of-pocket expenses incurred by Tenant in connection with Tenant's approved subleasing of such space, including advertising, attorneys' fees, brokerage commissions and the unamortized cost of preparing such space for occupancy by the subtenant, then, except as otherwise provided in the next sentence, Tenant shall pay to Landlord fifty percent (50%) of such excess, monthly as received by Tenant from the subtenant. Except as otherwise set forth in subsection (a), Landlord shall not share in any profit derived by Tenant from the permitted subletting of all or any part of the space located on the Floor designated by Tenant as its "Sublet Floor" in a notice given to Landlord before Tenant enters into its first permitted sublease effected pursuant to this subsectionLease. Notwithstanding anything to Such delivery shall be made promptly following the contrary in this Section 15(d), Tenant shall have the right to sublet space in the Leased Premises to Tenant's affiliates (hereinafter defined), subcontractors execution of any such instrument or consultants without notice to or the consent of Landlord, and, except as set forth in Section 15(a), without paying any portion of the profits of such subletting to Landlord. As used herein, a "Tenant's affiliate" shall mean a corporation or other entity which controls, is controlled by or is under common control with Tenant, or which is a joint venture partner of Tenantdocument.

Permitted Subletting. Unless an Event of Default has occurred and is continuing, Landlord shall not unreasonably withhold or delay Landlord's ’s consent to sublettings by Tenant of a part or parts of the Leased Premises, but Landlord shall not be obligated to consent to a subletting for a use prohibited by Section 6(a). Each such subletting shall be for undivided occupancy by the subtenant of that part of the Floor affected thereby for the use permitted under this Lease. Landlord may, however, withhold such consent if, ; in Landlord's ’s reasonable judgment, the proposed subtenant is not engaged in a business consistent with the character and dignity of the Building, or will impose any additional material burden upon Landlord in the operation of the Building (to an extent greater than the burden to which Landlord would have been put if Tenant continued to use, or used, such part of the Leased Premises for its own purposespurpose). In the event of any dispute between Landlord and Tenant as to the reasonableness of Landlord's ’s refusal to consent to any subletting such dispute shall be submitted to mediation pursuant to Section 28. Except as otherwise set forth in subsection (a), ) if any portion of the Leased Premises is sublet at any time, and if the rent received by Tenant on account of such subletting exceeds the Basic Rent, allocated to the space subject to the sublease in the proportion of the area of such space to the Rentable Area of the Leased Premises, ; plus actual out-of-pocket expenses incurred by Tenant in connection with Tenant's ’s subleasing of such space, including advertising, advertising, attorneys' ’ fees, brokerage commissions and the unamortized cost of preparing such space for occupancy by the subtenant, then, except as otherwise provided in the next sentence, Tenant shall pay to Landlord fifty percent (50%) of such excess, monthly as received by Tenant from the subtenant. Except as otherwise set forth in subsection (a), Landlord shall not share in any profit derived by Tenant from the permitted subletting of all or allot any part of the space located on the Floor designated by Tenant as its "“Sublet Floor" ” in a notice given to Landlord before Tenant enters into its first permitted sublease pursuant to this subsection. Notwithstanding anything to the contrary in this Section 15(d), Tenant shall have the right to sublet space in the Leased Premises to Tenant's ’s affiliates (hereinafter defined), subcontractors or consultants without notice to or the consent of Landlord, and, except as set forth in Section 15(a), without paying any portion of the profits of such subletting to Landlord. As used herein, a "“Tenant's ’s affiliate" ” shall mean a corporation or other entity which controls, is controlled by or is under common control with Tenant, or which is a joint venture partner of Tenant.