Standard for Consent. In the event of an assignment requiring Sublessor's approval, Sublessor shall, within five (5) business days after receipt of such Notice from Sublessee and all information requested by Sublessor concerning the proposed assignee or sub-sublessee, elect to take one of the following actions by giving Notice to Sublessee: (a) Consent to such proposed assignment or sub-sublease; (b) Refuse to consent to such proposed assignment or sub-sublease; or (c) If Sublessee proposes to sub-sublease all of the Premises for the entire remaining Term. Sublessor may, at its option exercised by five (5) business days written Notice to Sublessee, elect to recapture the Premises and, unless prior to such date Sublessee withdraws its request by Notice to Sublessor, as of the thirteenth (13th) day after Sublessor gives Notice to Sublessee of its election to recapture, this Sublease shall terminate. Sublessor's consent shall not be unreasonably withheld or delayed. Sublessee agrees, by way of example and without limitation, that it shall not be unreasonable for Sublessor to withhold its consent to a proposed assignment or sub-subletting requiring Sublessor's approval if any of the following situations exist or may exist: (i) Sublessor reasonably determines that the proposed assignee's or sub-sublessee's use of the Premises conflicts with Article V or Article VI, presents an unacceptable risk, as reasonably determined by Sublessor, under Article VI, or conflicts with any other provision under this Sublease; (ii) Sublessor reasonably determines that the proposed assignee or sub-sublessee is not as financially responsible as Sublessee as of the date of Sublessee's request for consent or as of the effective date of such assignment or sub-subletting; (iii) Sublessor reasonably determines that the proposed assignment or sub-subletting would breach a covenant, condition or restriction in some other sublease, financing agreement or other agreement relating to the Building, the Premises or this Sublease; or (iv) Subject to Section 15.3(b), an Event of Default has occurred and is continuing at the time of Sublessee's request for Sublessor's consent, or as of the effective date of such assignment or sub-subletting. Sublessee acknowledges that if Sublessee has any exterior sign rights under this Sublease, such rights are personal to Sublessee and may not be assigned or transferred to any assignee of this Sublease or sub-sublesse of the Premises without Sublessor's prior written consent, which consent may be withheld in Sublessor's sole and absolute discretion.
Appears in 1 contract
Samples: Sublease (Inflow Inc)
Standard for Consent. In the event of an assignment requiring Sublessor's approval, Sublessor Landlord shall, within five thirty (530) business days after of receipt of such Notice from Sublessee notice and all information requested by Sublessor Landlord concerning the proposed assignee or sub-sublessee, elect to take one of the following actions by giving Notice to Sublesseeactions:
(a) Consent consent to such proposed assignment or sub-sublease;
(b) Refuse refuse to consent to such proposed assignment or sub-sublease, which refusal shall be on reasonable grounds; or
(c) If Sublessee if Tenant proposes to sub-sublease all or part of the Premises for the entire remaining Term. Sublessor , Landlord may, at its option exercised by five thirty (530) business days written Notice to SublesseeTenant, elect to recapture such portion of the Premises and, unless prior as Tenant proposes to such date Sublessee withdraws its request by Notice to Sublessor, sublease and as of the thirteenth thirtieth (13th30th) day after Sublessor gives Notice to Sublessee Landlord so notifies Tenant of its election to recapture, this Sublease Lease shall terminateterminate as to the portion of the Premises recaptured and the Monthly Rent payable under this Lease shall be reduced in the same proportion that the floor area of that portion of the Premises so recaptured bears to the floor area of the Premises prior to such recapture. Sublessor's consent shall not be unreasonably withheld or delayed. Sublessee Tenant agrees, by way of example and without limitation, that it shall not be unreasonable for Sublessor Landlord to withhold its consent to a proposed assignment or sub-subletting requiring Sublessor's approval if any of the following situations exist or may exist:
(i) Sublessor reasonably Landlord determines that the proposed assignee's or sub-sublessee's use of the Premises conflicts with Article V or Article VI, presents an unacceptable risk, as reasonably determined by SublessorLandlord, under Article VIVI (and Landlord may require such assignee or sublessee to complete the Environmental Questionnaire in the manner described in Section 6.5 prior to making such determination), or conflicts with any other provision under this SubleaseLease;
(ii) Sublessor reasonably Landlord determines that the proposed assignee or sub-sublessee is not as financially responsible as Sublessee Tenant as of the date of SublesseeTenant's request for consent or as of the effective date of such assignment or sub-subletting;
(iii) Sublessor reasonably Landlord determines that the proposed assignee or sublessee lacks sufficient business reputation or experience to conduct on the Premises a business of a type and quality equal to that conducted by Tenant;
(iv) Landlord determines that the proposed assignment or sub-subletting would breach a covenant, condition or restriction in some other subleaseLease, financing agreement or other agreement relating to the Project, the Building, the Premises or this Sublease; orLease;
(ivv) Subject Landlord determines that the proposed assignee or sublessee (A) has been required by any prior Landlord, Lender or governmental authority to Section 15.3(b)take remedial action in connection with Hazardous Materials contaminating a property if such contamination resulted from the proposed assignee's or sublessee's actions or use of the property in question, an or (B) is subject to any enforcement order issued by any
(vi) An Event of Default has occurred and is continuing at the time of SublesseeTenant's request for SublessorLandlord's consent, or as of the effective date of such assignment or sub-subletting. Sublessee Tenant acknowledges that if Sublessee Tenant has any exterior sign rights under this SubleaseLease, such rights are personal to Sublessee Tenant and may not be assigned or transferred to any assignee of this Sublease Lease or sub-sublesse sublessee of the Premises without SublessorLandlord's prior written consent, which consent may be withheld in SublessorLandlord's sole and absolute discretion.
Appears in 1 contract
Standard for Consent. In the event of an assignment requiring Sublessor's approval, Sublessor Landlord shall, within five thirty (530) business days after of receipt of such Notice from Sublessee and all information requested by Sublessor Landlord concerning the proposed assignee or sub-sublessee, elect to take one of the following actions by giving Notice to Sublesseeactions:
(a) Consent consent to such proposed assignment or sub-sublease;
(b) Refuse refuse to consent to such proposed assignment or sub-sublease, which refusal shall be on reasonable grounds; or
(c) If Sublessee if Tenant proposes to sub-sublease all or part of the Premises for the entire remaining Term. Sublessor , Landlord may, at its option exercised by five thirty (530) business days written Notice to SublesseeTenant, elect to recapture such portion of the Premises and, unless prior as Tenant proposes to such date Sublessee withdraws its request by Notice to Sublessor, sublease and as of the thirteenth thirtieth (13th30th) day after Sublessor gives Notice to Sublessee Landlord so notifies Tenant of its election to recapture, this Sublease Lease shall terminateterminate as to the portion of the premises recaptured and the Monthly Rent payable under this Lease shall be reduced in the same proportion that the floor area of that portion of the Premises so recaptured bears to the floor area of the Premises prior to such recapture. Sublessor's consent shall not be unreasonably withheld or delayed. Sublessee Tenant agrees, by way of example and without limitation, that it shall not be unreasonable for Sublessor Landlord to withhold its consent to a proposed assignment or sub-subletting requiring Sublessor's approval if any of the following situations exist or may exist:
(i) Sublessor reasonably Landlord determines that the proposed assignee's or sub-sublessee's use of the Premises conflicts with Article V or Article VI, presents an unacceptable risk, as reasonably determined by SublessorLandlord, under Article VIVI (and Landlord may require such assignee or sublessee to complete the Environmental Questionnaire in the manner described in Section 6.5 prior to making such determination), or conflicts with any other provision under this SubleaseLease;
(ii) Sublessor reasonably Landlord determines that the proposed assignee or sub-sublessee is not as financially responsible as Sublessee Tenant as of the date of SublesseeTenant's request for consent or as of the effective date of such assignment or sub-subletting;
(iii) Sublessor reasonably Landlord determines that the proposed assignee or sublessee lacks sufficient business reputation or experience to conduct on the Premises a business of a type and quality equal to that conducted by Tenant;
(iv) Landlord determines that the proposed assignment or sub-subletting would breach a covenant, condition or restriction in some other subleaselease, financing agreement or other agreement relating to the Project, the Building, the Premises or this SubleaseLease;
(v) Landlord determines that the proposed assignee or sublessee (a) has been required by any prior landlord, lender or governmental authority to take remedial action in connection with Hazardous Materials contaminating a property if such contamination resulted from the proposed assignee's or sublessee's actions or use of the property in questions, or (b) is subject to any enforcement order issued by an governmental authority in connection with the use, disposal or storage of a Hazardous Material; or
(ivvi) Subject to Section 15.3(b), an An Event of Default has occurred and is continuing at the time of SublesseeTenant's request for SublessorLandlord's consent, or as of the effective date of such assignment or sub-subletting. Sublessee Tenant acknowledges that if Sublessee Tenant has any exterior sign rights under this SubleaseLease, such rights are personal to Sublessee Tenant and may not be assigned or transferred to any assignee of this Sublease Lease or sub-sublesse sublessee of the Premises without SublessorLandlord's prior written consent, which consent may be withheld in SublessorLandlord's sole and absolute discretion.
Appears in 1 contract
Standard for Consent. In the event of an assignment requiring Sublessor's approval, Sublessor Landlord shall, within five fifteen (515) business days after of receipt of such Notice from Sublessee and all information requested by Sublessor Landlord concerning the proposed assignee or sub-sublessee, elect to take one of the following actions by giving Notice to Sublesseeactions:
(a) Consent consent to such proposed assignment or sub-sublease;
(b) Refuse refuse to consent to such proposed assignment or sub-sublease, which refusal shall be on reasonable grounds specified in written Notice of Landlord's refusal; or
(c) If Sublessee if Tenant proposes to sub-sublease all or part of the Premises for the entire remaining Term. Sublessor , Landlord may, at its option exercised by five fifteen (515) business days written Notice to SublesseeTenant, elect to recapture such portion of the Premises and, as Tenant proposes to sublease and unless prior to such date Sublessee withdraws its request by Tenant provides Notice to Sublessor, Landlord in writing of its election to withdraw its sublease proposal within fifteen (15) days of Landlord's Notice to recapture as of the thirteenth (13th30th) day after Sublessor gives Notice to Sublessee Landlord so notifies Tenant of its election to recapture, this Sublease Lease shall terminateterminate as to the portion of the Premises recaptured and the Monthly Rent payable under this Lease shall be reduced in the same proportion that the floor area of that portion of the Premises so recaptured bears to the floor area of the Premises prior to such recapture. Sublessor's consent shall not be unreasonably withheld or delayed. Sublessee Tenant agrees, by way of example and without limitation, that it shall not be unreasonable for Sublessor Landlord to withhold its consent to a proposed assignment or sub-subletting requiring Sublessor's approval if any of the following situations exist or may exist:
(i) Sublessor reasonably Landlord determines that the proposed assignee's or sub-sublessee's use of the Premises conflicts with Article V or Article VI, presents an unacceptable risk, as reasonably determined by SublessorLandlord, under Article VIVI (and Landlord may require such assignee or sublessee to complete the Environmental Questionnaire in the manner described in Section 6.5 prior to making such determination), or conflicts with any other provision under this SubleaseLease;
(ii) Sublessor reasonably Landlord determines that the proposed assignee or sub-sublessee is not as financially responsible as Sublessee Tenant as of the date of SublesseeTenant's request for consent or as of the effective date of such assignment or sub-subletting;
(iii) Sublessor reasonably determines that the proposed assignment or sub-subletting would breach a covenant, condition or restriction in some other sublease, financing agreement or other agreement relating to the Building, the Premises or this Sublease; or
(iv) Subject to Section 15.3(b), an Event of Default has occurred and is continuing at the time of Sublessee's request for Sublessor's consent, or as of the effective date of such assignment or sub-subletting. Sublessee acknowledges that if Sublessee has any exterior sign rights under this Sublease, such rights are personal to Sublessee and may not be assigned or transferred to any assignee of this Sublease or sub-sublesse of the Premises without Sublessor's prior written consent, which consent may be withheld in Sublessor's sole and absolute discretion.
Appears in 1 contract
Samples: Lease Agreement (Cardima Inc)