Reasonable Disapproval. Landlord and Tenant hereby acknowledge that Landlord's disapproval of any proposed Transfer (other than a Permitted Transfer) pursuant to Section 14.3(a) shall be deemed reasonably withheld if based upon any reasonable factor, including, without limitation, any or all of the following factors: (a) the proposed Transfer would result in more than two subleases of portions of the Premises being in effect at any one time during the Term; (b) the proposed Transferee is an existing tenant of the Project or is negotiating with Landlord (or has submitted to Landlord or received from Landlord a written proposal to lease in the last six (6) months) for space in the Project; (c) the proposed Transferee is a governmental entity; (d) the portion of the Premises to be sublet or assigned is irregular in shape with inadequate means of ingress and egress; (e) the use of the Premises by the Transferee is not permitted by the use provisions in Section 6 hereof; (f) the Transfer would likely result in significant increase in the use of the parking areas or Common Areas by the Transferee's employees or visitors, and/or significantly increase the demand upon services to be provided by Landlord to the Premises; (g) the Transferee is not in Landlord's reasonable opinion of reputable or good character; or (h) the Transferee does not have the financial capability to fulfill the obligations imposed by this Lease. Notwithstanding any contrary provision of this Lease, if Tenant or any proposed Transferee claims that Landlord has unreasonably withheld or delayed its consent to a proposed Transfer or otherwise has breached its obligations under this Section 14, Tenant's and such Transferee's only remedy shall be to seek a declaratory judgment and/or injunctive relief, and Tenant, on behalf of itself and, to the extent permitted by law, such proposed Transferee waives all other remedies against Landlord, including, without limitation, the right to seek monetary damages or to terminate this Lease except to the extent of any claim that such consent is withheld maliciously or in bad faith.
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Samples: Office Lease (Good Guys Inc)
Reasonable Disapproval. Landlord and Tenant hereby acknowledge that Landlord's ’s disapproval of any proposed Transfer (other than a Permitted Transfer) pursuant to Section 14.3(a) shall be deemed reasonably withheld withheld, conditioned or delayed if based upon any reasonable factor, including, without limitation, any or all of the following factors: (a) the proposed Transfer would result in more than two subleases of portions of the Premises being in effect at any one time during the Term; (b) the proposed Transferee is an existing tenant of the Project or is negotiating with Landlord (or has submitted to negotiated with Landlord or received from Landlord a written proposal to lease in the last six (6) months) for space in the Project; (c) the proposed Transferee is a governmental entity; (d) the portion of the Premises to be sublet or assigned is irregular in shape with inadequate means of ingress and egress; (e) the use of the Premises by the Transferee (1) is not permitted by the use provisions in Section 6 hereof, or (2) violates any exclusive use granted by Landlord to another tenant in the Building; (f) the Transfer would likely result in significant increase in the use of the parking areas or Common Areas by the Transferee's ’s employees or visitors, and/or significantly increase the demand upon services to be provided by Landlord to the Premises; (g) the Transferee is not in Landlord's reasonable opinion of reputable or good character; or (h) the Transferee does not have the financial capability to fulfill the obligations imposed by this Leasethe Transfer; or (h) the Transferee is not, in Landlord’s reasonable opinion, of reputable or good character or consistent with Landlord’s desired tenant mix. Notwithstanding any contrary provision of this Lease, if Tenant or any proposed Transferee claims that Landlord has unreasonably withheld or delayed its consent to a proposed Transfer or otherwise has breached its obligations under this Section 14, Tenant's ’s and such Transferee's ’s only remedy shall be to seek a declaratory judgment and/or injunctive relief, and Tenant, on behalf of itself and, to the extent permitted by law, such proposed Transferee Transferee, waives all other remedies against Landlord, including, without limitation, the right to seek monetary damages or to terminate this Lease except to the extent of any claim that such consent is withheld maliciously or in bad faithLease.
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Reasonable Disapproval. Landlord and Tenant hereby acknowledge that Landlord's ’s disapproval of any proposed Transfer (other than a Permitted Transfer) pursuant to Section 14.3(a) shall Article 23 will be deemed reasonably withheld if based upon any reasonable factor, including, without limitation, any or all of the following factors: (a) the proposed Transfer would result in more than two subleases of portions of the Premises being in effect at any one time during the Term; (b) the proposed Transferee is an existing tenant of the Project or is negotiating with Landlord (or has submitted to Landlord or received from Landlord a written proposal to lease in the last six (6) months) for space in the Project; (ci) the proposed Transferee is a governmental entityGovernmental Entity, if the proposed Transferee is entitled, directly or indirectly, to diplomatic or sovereign immunity or shall not be subject to the service of process in, and the jurisdiction of, the courts of the State of California; (d) the portion of the Premises to be sublet or assigned is irregular in shape with inadequate means of ingress and egress; (eii) the use of the Premises by the Transferee Transferee) is not permitted by the use provisions in Section 6 hereofthis Lease or the Project CC&Rs; (fiii) the Transfer would likely result in significant a material increase in the use of the parking areas or Common Areas by the Transferee's employees or visitors, and/or significantly increase the demand upon utilities and services above that to be provided by Landlord to the Premises pursuant to Exhibit “G” (unless Tenant or the Transferee provides supplemental facilities to service such excess demand); (iv) the Transfer would likely result in an increase in the use of the Parking Facilities by the Transferee’s employees or visitors in excess of 4.25 spaces per thousand square feet, calculated for the entire Premises; (gv) the Transferee is not in Landlord's reasonable opinion of a reputable person or good character; entity or (h) the Transferee does not have the financial capability to fulfill the obligations imposed by the Transfer and this Lease. Notwithstanding any contrary provision Lease (or has not furnished Landlord with reasonable proof thereof); (vi) the proposed Transferee is engaged in a business or activity, or the Premises or the relevant part thereof, will be used in a manner, which is not in keeping with the then standards of the Building or the Project; or (vii) the proposed Transferee is a person or entity with whom Landlord is or has been, within the preceding nine (9) month period, negotiating to lease space in the Project and Landlord has space comparable to the space Tenant is proposing to Transfer available for lease in the Project; or (viii) the proposed form of sublease or instrument of assignment does not comply with the applicable provisions of this Lease, if Tenant or any proposed Transferee claims that Landlord has unreasonably withheld or delayed its consent to a proposed Transfer or otherwise has breached its obligations under this Section 14, Tenant's and such Transferee's only remedy shall be to seek a declaratory judgment and/or injunctive relief, and Tenant, on behalf of itself and, to the extent permitted by law, such proposed Transferee waives all other remedies against Landlord, including, without limitation, the right to seek monetary damages or to terminate this Lease except to the extent of any claim that such consent is withheld maliciously or in bad faithArticle 23.
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Reasonable Disapproval. Landlord and Tenant hereby acknowledge that Landlord's disapproval of any proposed Transfer (other than a Permitted Transfer) pursuant to Section 14.3(a9.03(b) shall will be deemed reasonably withheld if based upon any reasonable factor, including, without limitation, any or all of the following factors: (a) the proposed Transfer would result in more than two subleases of portions of the Premises being in effect at any one time during the Term; (b) the proposed Transferee is an existing tenant of the Project or is negotiating with Landlord (or has submitted to Landlord or received from Landlord a written proposal to lease in the last six (6) months) for space in the Project; (ci) the proposed Transferee is a governmental entityGovernmental Entity, if the proposed Transferee is entitled, directly or indirectly, to diplomatic or sovereign immunity or shall not be subject to the service of process in, and the jurisdiction of, the courts of the State of California; (dii) the portion of the Premises to be sublet or assigned is irregular in shape with inadequate means of ingress and egress; (eiii) the use of the Premises by the Transferee (A) is not permitted by the use provisions in Section 6 Article V hereof; , or (fB) the Transfer would likely result in significant increase in the violates any exclusive use of the parking areas or Common Areas by the Transferee's employees or visitors, and/or significantly increase the demand upon services to be provided granted by Landlord to another tenant in the PremisesProject or the Facility, it being understood that within ten (10) business days of receipt of Tenant's Transfer Notice, together with Tenant's specific written request for a written list of uses which would violate exclusives granted by Landlord to other tenants in the Project or the Facility, Landlord shall provide Tenant with a written list of such uses; (g) the Transferee is not in Landlord's reasonable opinion of reputable or good character; or (hiv) the Transferee does not have the financial capability to fulfill the obligations imposed by the Transfer and this Lease. Notwithstanding any contrary provision Lease (or has not furnished Landlord with reasonable proof thereof); (v) the proposed Transferee is engaged in a business or activity, or the Premises or the relevant part thereof, will be used in a manner, which is not in keeping with the then standards of the Building or the Facility; (vi) there shall be more than five (5) subtenants of the Premises excluding Occupants (as hereinafter defined); or (vii) the form of the proposed sublease or instrument of assignment (A) shall not be in form reasonably satisfactory to Landlord, or (B) shall not comply with the applicable provisions of this Lease, if Tenant or any proposed Transferee claims that Landlord has unreasonably withheld or delayed its consent to a proposed Transfer or otherwise has breached its obligations under this Section 14, Tenant's and such Transferee's only remedy shall be to seek a declaratory judgment and/or injunctive relief, and Tenant, on behalf of itself and, to the extent permitted by law, such proposed Transferee waives all other remedies against Landlord, including, without limitation, the right to seek monetary damages or to terminate this Lease except to the extent of any claim that such consent is withheld maliciously or in bad faithArticle IX.
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