Common use of Standards for Consent Clause in Contracts

Standards for Consent. If Tenant desires the consent of Landlord to a Transfer, Tenant shall submit to Landlord, at least thirty (30) days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may require about the proposed Transfer and the transferee, together with a non-refundable processing fee in the amount of one hundred dollars ($100.00). If Landlord does not terminate this Lease, in whole or in part, pursuant to Section 13.C, Landlord shall not unreasonably withhold its consent to any assignment or sublease, which consent or lack thereof shall be provided within fifteen (15) days of receipt of Tenant's notice. Landlord shall not be deemed to have unreasonably withheld its consent if, in the judgment of Landlord: (i) the transferee is of a character or engaged in a business which is not in keeping with the standards or criteria used by Landlord in leasing the Building; (ii) the financial condition of the transferee is such that it may not be able to perform its obligations in connection with this Lease; (iii) the transferee is a tenant of the Building, unless, however, Landlord cannot accommodate the space needs of such proposed transferee in the Building; (iv) the transferee and Landlord have executed a written letter of intent for the lease of space in the Building; (v) the transferee is a governmental unit; (vi) Tenant is in Default under this Lease; (vii) in the judgment of Landlord, such a Transfer would violate any term, condition, covenant or agreement of the Landlord involving the Building or any other tenant's lease within it; or (viii) any other basis which Landlord reasonably deems appropriate. If Landlord wrongfully withholds its consent to any Transfer, Tenant's soleand exclusive remedy therefor shall be to seek specific performance of Landlord's obligation to consent to such Transfer; provided, however, that notwithstanding the foregoing, if it is determined by a court of competent jurisdiction that Landlord wilfully and maliciously withheld its consent to a proposed Transfer, then, in addition to such remedy of specific performance, Tenant shall be entitled to direct damages suffered by Tenant as a result of such withholding.

Appears in 1 contract

Samples: Office Space Lease (Mdsi Mobile Data Solutions Inc /Can/)

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Standards for Consent. If Tenant desires the consent of Landlord to a Transfer, Tenant shall submit to Landlord, at least thirty fifteen (3015) days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may reasonably require about the proposed Transfer and the transferee, together with a non-refundable processing fee in the amount of one hundred dollars ($100.00). If Landlord does not terminate this Lease, in whole or in part, pursuant to Section 13.C15.C, Landlord shall not unreasonably withhold its consent to any assignment or sublease, which consent or lack thereof shall be provided within fifteen (15) days of receipt of Tenant's notice. Landlord shall not be deemed to have unreasonably withheld its consent if, in the judgment of Landlord: (i) the transferee is of a character or engaged in a business which is not in keeping with the standards or criteria used by Landlord in leasing the Building; (ii) the financial condition of the transferee is such that it may not be able to perform its obligations in connection with this Lease; (iii) the transferee is a tenant of the Building, unless, however, Landlord cannot accommodate the space needs of such proposed transferee in the Building; (iv) the transferee and Landlord have executed a written letter of intent for the lease of space in the Building; (v) the transferee is a governmental unit; (viiii) Tenant is in Default under this Lease; or (viiiv) in the judgment of Landlord, such a Transfer would violate any term, condition, covenant or agreement of the Landlord involving the Building or any other tenant's lease within it; it or (viii) any other basis the development of which Landlord reasonably deems appropriatethe Building forms a part. If Landlord wrongfully withholds its consent to any Transfer, Tenant's soleand sole and exclusive remedy therefor shall be to seek specific performance of Landlord's obligation to consent to such Transfer; provided, however, that notwithstanding the foregoing, if it is determined by a court . No such Transfer shall relieve Tenant of competent jurisdiction that Landlord wilfully and maliciously withheld its consent to a proposed Transfer, then, in addition to such remedy of specific performance, Tenant shall be entitled to direct damages suffered by Tenant as a result of such withholdingliability hereunder.

Appears in 1 contract

Samples: Telxon Corp

Standards for Consent. If Tenant desires the consent of Landlord to a Transfer, Tenant shall submit to Landlord, at least thirty forty-five (3045) days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may require about the proposed Transfer and the transferee, together with a non-refundable processing fee in the amount of one five hundred dollars ($100.00500.00). If Landlord does not terminate this Lease, in whole or in part, pursuant to Section 13.C14C, Landlord shall not unreasonably withhold its consent to any assignment or sublease, which consent or lack thereof shall be provided within fifteen thirty (1530) days of receipt of Tenant's notice. Landlord shall not be deemed to have unreasonably withheld its consent if, in the judgment of Landlord: (i) the transferee is of a character or engaged in a business which is not in keeping with the standards or criteria used by Landlord in leasing the Building; (ii) the financial condition of the transferee is such that it may not be able to perform its obligations in connection with this Lease; (iii) the transferee is a tenant of the Building, unless, however, Landlord cannot accommodate the space needs of such proposed transferee in the Building; (iv) the transferee and Landlord have executed a written letter of intent for the lease of space in the Building; (v) the transferee is a governmental unit; (viiv) Tenant is in Default under this Lease; (viiv) in the judgment of Landlord, such a Transfer would violate any term, condition, covenant or agreement of the Landlord involving the Building or any other tenant's lease within itBuilding; or (viiivi) any other basis which Landlord reasonably deems appropriate. If Landlord wrongfully withholds its consent to any Transfer, Tenant's soleand sole and exclusive remedy therefor shall be to seek specific performance of Landlord's obligation to consent to such Transfer; provided, however, that notwithstanding the foregoing, if it is determined by a court of competent jurisdiction that Landlord wilfully and maliciously withheld its consent to a proposed Transfer, then, in addition to such remedy of specific performance, Tenant shall be entitled to direct damages suffered by Tenant as a result of such withholding.

Appears in 1 contract

Samples: Office Building Lease (Tractor Supply Co /De/)

Standards for Consent. If Tenant desires the consent of Landlord to a Transfer, Tenant shall submit to Landlord, at least thirty forty-five (3045) days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may reasonably require about the proposed Transfer and the transferee, together with a non-refundable processing fee in the amount of one five hundred dollars ($100.00500.00). Tenant shall also pay all reasonable attorneys' or other fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents to such Transfer. If Landlord does not terminate this Lease, in whole or in part, pursuant to Section 13.C14C, Landlord shall not unreasonably withhold its consent to any assignment or sublease, which consent or lack thereof shall be provided within fifteen thirty (1530) days of receipt of Tenant's notice. Landlord shall not be deemed to have unreasonably withheld its consent if, in the judgment of Landlord: (i) the transferee is of a character or engaged in a business which is not in keeping with the standards or criteria used by Landlord in leasing the Building; (ii) the financial condition of the transferee is such that it may not be able to perform its obligations in connection with this Lease; (iii) the transferee is a tenant of the Building, unless, however, Landlord cannot accommodate the or negotiating for space needs of such proposed transferee in the Building; (iv) the transferee and Landlord have executed a written letter of intent for the lease of space in the Building; (v) the transferee is a governmental unit; (viv) Tenant is in Default under this Lease; (viivi) in the judgment of Landlord, such a Transfer would violate any term, condition, covenant covenant, or agreement of the Landlord involving the Building or any other tenant's lease within it; or (viiivii) any other basis which Landlord reasonably deems appropriate. If Landlord wrongfully withholds its consent to any Transfer, Tenant's soleand sole and exclusive remedy therefor shall be to seek specific performance of Landlord's obligation to consent to such Transfer; provided, however, that notwithstanding the foregoing, if it is determined by a court of competent jurisdiction that Landlord wilfully and maliciously withheld its consent to a proposed Transfer, then, in addition to such remedy of specific performance, Tenant shall be entitled to direct damages suffered by Tenant as a result of such withholding.

Appears in 1 contract

Samples: Town Center Office Lease (Eltrax Systems Inc)

Standards for Consent. If Tenant desires the consent of Landlord to a --------------------- Transfer, Tenant shall submit to Landlord, at least thirty (30) days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may reasonably require about the proposed Transfer and the transferee, together with a non-refundable processing fee in the amount of one five hundred dollars ($100.00500.00). If Tenant shall also pay all reasonable attorneys' or other fees and expenses incurred by Landlord does not terminate this Lease, in whole or in part, pursuant to Section 13.C, Landlord shall not unreasonably withhold its consent connection with any proposed Transfer and paid to any assignment third party, whether or sublease, which not Landlord consents to such Transfer. Landlord's consent or lack thereof shall be provided within fifteen thirty (1530) days of receipt of Tenant's notice. Landlord shall not be deemed to have unreasonably withheld its consent if, in the judgment of Landlord: (i) i. the transferee is of a character or engaged in a business which is not in keeping with the standards or criteria used by Landlord in leasing the Building; (ii) . the financial condition of the transferee is such that it may not be able to perform its obligations in connection with this Lease; (iii) . the transferee is a tenant of the Building, unless, however, Landlord cannot accommodate the space needs of such proposed transferee in the Building; (iv) the transferee and Landlord have executed a written letter of intent or negotiating for the lease of space in the Building; (v) iv. the transferee is a governmental unit; (vi) v. Tenant is in Default under this Lease; (vii) vi. in the judgment of Landlord, such a Transfer would violate any term, condition, covenant covenant, or agreement of the Landlord involving the Building or any other tenant's lease within it; or (viii) vii. any other basis which Landlord reasonably deems appropriate. If Landlord wrongfully withholds its consent to any Transfer, Tenant's soleand sole and exclusive remedy therefor shall be to seek specific performance of Landlord's obligation to consent to such Transfer; provided, however, that notwithstanding the foregoing, if it is determined by a court of competent jurisdiction that Landlord wilfully and maliciously withheld its consent to a proposed Transfer, then, in addition to such remedy of specific performance, Tenant shall be entitled to direct damages suffered by Tenant as a result of such withholding.

Appears in 1 contract

Samples: Tenant Improvements Construction Agreement (Mpath Interactive Inc/Ca)

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Standards for Consent. If Tenant desires the consent of Landlord to a Transfer, Tenant shall submit to Landlord, at least thirty (30) days prior to the proposed effective date of the Transfer, a written notice which includes the business terms of the assignment or subletting, financial information and statements concerning the proposed transferee and such other information as Landlord may reasonably require about the proposed Transfer and the transferee, together with a non-refundable processing fee in the amount of one hundred dollars Five Hundred Dollars ($100.00500.00). If Landlord does not terminate this Lease, in whole or in part, pursuant to Section 13.C14.C hereof, Landlord shall not unreasonably withhold withhold, condition or delay its consent to any assignment or sublease, which consent or lack thereof shall be provided within fifteen (15) days of receipt of Tenant's notice. Landlord shall not be deemed to have unreasonably withheld its consent if, in the judgment of Landlord: (i) the transferee is of a character or engaged in a business which is not in keeping with the standards or criteria used by Landlord in leasing the Building; (ii) the financial condition of the transferee is such that it may not be able to perform its obligations in connection with this LeaseLease or the sublease, as applicable; (iii) the transferee is a tenant of of, or negotiating for space in, the Building, unless, howeverwith respect to a current tenant of the Building only, Landlord candoes not accommodate have, and will not have within three (3) months, comparable space available within the space needs of such proposed transferee in the BuildingBuilding for a comparable term; (iv) the transferee and Landlord have executed is a written letter of intent for the lease of space in the Buildinggovernmental agency, entity or unit; (v) the transferee is a governmental unit; (vi) Tenant is in Default under this Lease; or (viivi) in the judgment of Landlord, such a Transfer would violate any term, condition, covenant or agreement of the Landlord involving the Building or any other tenant's lease within it; or (viii) any other basis which Landlord reasonably deems appropriate. If Landlord wrongfully withholds its consent to any Transfer, Tenant's soleand sole and exclusive remedy therefor shall be to seek specific performance of Landlord's obligation to consent to such Transfer; provided, however, that notwithstanding the foregoing, if it is determined by a court of competent jurisdiction that Landlord wilfully and maliciously withheld its consent to a proposed Transfer, then, in addition to such remedy of specific performance, Tenant shall be entitled to direct damages suffered by Tenant as a result of such withholding.

Appears in 1 contract

Samples: Work Agreement (Bridgeline Software, Inc.)

Standards for Consent. If Tenant desires the consent of Landlord to a Transfer, Tenant shall submit to Landlord, at least thirty forty-five (30) days 45)days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may require about the proposed Transfer and the transferee, together with a non-refundable processing fee in the amount of one five hundred dollars ($100.00500.00). If Landlord does not terminate this Lease, in whole or in part, pursuant to Section 13.C16.C, Landlord shall not unreasonably withhold its consent to any assignment or sublease, which consent or lack thereof shall be provided within fifteen thirty (15) days of 30)days after receipt of Tenant's notice. Landlord shall not be deemed to have unreasonably withheld its consent if, in the judgment of Landlord: (i) the i)the transferee is of a character or engaged in a business which is not in keeping with the standards or criteria used by Landlord in leasing the Building; (ii) the ii)the financial condition of the transferee is such that it may not be able to perform its obligations in connection with this Lease; (iii) the iii)the transferee is a tenant of the Building, unless, however, Landlord cannot accommodate the space needs of such proposed transferee in the Building; (iv) the transferee and Landlord have executed a written letter of intent or negotiating for the lease of space in the Building; (v) the iv)the transferee is a governmental unit; (vi) Tenant v)Tenant is in Default under this Lease; (vii) in vi)in the judgment of Landlord, such a Transfer would violate any term, condition, covenant or agreement of the Landlord involving the Building or any other tenant's lease within it; or (viiivii) any other basis which Landlord reasonably deems appropriate. If Landlord wrongfully withholds its consent to any Transfer, Tenant's soleand sole and exclusive remedy therefor shall be to seek specific performance of Landlord's obligation to consent to such Transfer; provided, however, that notwithstanding the foregoing, if it is determined by a court of competent jurisdiction that Landlord wilfully and maliciously withheld its consent to a proposed Transfer, then, in addition to such remedy of specific performance, Tenant shall be entitled to direct damages suffered by Tenant as a result of such withholding.

Appears in 1 contract

Samples: Micropoint Inc

Standards for Consent. If Tenant desires the consent of Landlord to a ---------------------- Transfer, Tenant shall submit to Landlord, at least thirty twenty (3020) days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may reasonably require about the proposed Transfer and the transferee, together with a non-refundable processing fee in the amount of one five hundred dollars ($100.00500.00). If Tenant shall also pay all reasonable attorneys' or other fees and expenses incurred by Landlord does in connection with any proposed Transfer, whether or not terminate this Lease, in whole or in part, pursuant Landlord consents to Section 13.C, Landlord shall not unreasonably withhold its consent to any assignment or sublease, which such Transfer. Landlord's consent or lack thereof shall be provided within fifteen twenty (1520) days of receipt of Tenant's notice. If Landlord shall not respond within such twenty (20) day period, it shall be deemed to have consented to the proposed transfer. Landlord shall not be deemed to have unreasonably withheld its consent if, in the judgment of Landlord: (i) i. the transferee is of a character or engaged in a business which is not in keeping with the standards or criteria used by Landlord in leasing the Building; (ii) . the financial condition of the transferee is such that it may not be able to perform its obligations in connection with this Lease; (iii) . the transferee is a tenant of the Building, unless, however, Landlord cannot accommodate the space needs of such proposed transferee in the Building; (iv) the transferee and Landlord have executed a written letter of intent or negotiating for the lease of space in the Building; (v) iv. the transferee is a governmental unit; (vi) v. Tenant is in Default under this Lease; (vii) or vi. in the judgment of Landlord, such a Transfer would violate any term, condition, covenant covenant, or agreement of the Landlord involving the Building or any other tenant's lease within it; or (viii) any other basis which Landlord reasonably deems appropriate. If Landlord wrongfully withholds its consent to any Transfer, Tenant's soleand sole and exclusive remedy therefor shall be to seek specific performance of Landlord's obligation to consent to such Transfer; provided, however, that notwithstanding the foregoing, if it is determined by a court of competent jurisdiction that Landlord wilfully and maliciously withheld its consent to a proposed Transfer, then, in addition to such remedy of specific performance, Tenant shall be entitled to direct damages suffered by Tenant as a result of such withholding.

Appears in 1 contract

Samples: Tenant Improvements Construction Agreement (Silicon Gaming Inc)

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