Common use of Standards for Consent Clause in Contracts

Standards for Consent. (a) If Tenant desires the consent of --------------------- Landlord to a Transfer, then 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, including, without limitation, the terms of the proposed Transfer along with a schedule of all rent and other charges to be paid by the transferee pursuant to such Transfer (collectively, "Transfer Rent"). Landlord shall not unreasonably withhold its consent to any assignment or sublease, which consent or lack thereof shall be provided within thirty (30) days of receipt of Tenant's notice. Landlord shall not be deemed to have unreasonably withheld its consent if, in the judgment of the 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 transferee is a governmental unit; (iii) Tenant is in Default under this Lease; and (iv) in the judgment of the Landlord, such a Transfer would violate any term, condition, covenant, or agreement of the Landlord involving the Building. Tenant shall not effect any Transfer if the transferee's use violates local zoning laws or ordinances, or if the transferee's use requires more parking than provided on the Premises. Tenant shall pay to Landlord any reasonable attorneys' or other fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents to such Transfer.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

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Standards for Consent. (a) If Tenant desires the consent of --------------------- Landlord to a --------------------- Transfer, then Tenant shall submit to Landlord, at least thirty (30) 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, including, without limitation, the terms of the proposed Transfer along with a schedule of all rent and other charges to be paid by the transferee pursuant to such Transfer (collectively, "Transfer Rent"). Landlord shall not unreasonably withhold or condition its consent to any assignment or sublease, which . Landlord shall notify Tenant whether Landlord withholds or conditions its consent or lack thereof shall be provided within thirty (30) 15 days of receipt of Tenant's noticeafter Tenant has submitted to Landlord the written notice and accompanying information described above. Landlord shall not be deemed to have unreasonably withheld its consent if, in the reasonable judgment of the 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 a governmental unitsuch that it may not be able to perform its obligations in connection with this Lease; (iii) Tenant the purpose for which the transferee intends to use the Premises or portion thereof is in Default under violation of the terms of this LeaseLease or the lease of any other tenant in the Building; and or (iv) any other reasonable bases. If Landlord consents to any Transfer, Tenant shall pay to Landlord 50% of all rent and other consideration received by Tenant in the judgment excess of the Landlord, such a Transfer would violate any term, condition, covenant, or agreement Rent paid by Tenant hereunder for the portion of the Landlord involving Premises so transferred (after deducting therefrom the Buildingamount of all reasonable brokerage commissions, cash allowances and tenant improvement costs actually paid by Tenant in connection with such Transfer, which amount shall be amortized on a straight-line basis over the lease term of the applicable Transfer). Tenant Such rent shall not effect any Transfer if the transferee's use violates local zoning laws or ordinancesbe paid as and when received by Tenant. In addition, or if the transferee's use requires more parking than provided on the Premises. Tenant shall pay to Landlord any reasonable attorneys' or other fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents to such Transfer.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Standards for Consent. (a) If Tenant desires the consent of --------------------- Landlord to a Transfer, then Tenant shall submit to Landlord, at least thirty sixty (3060) 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. If Landlord does not terminate this Lease, includingin whole or in part, without limitation, the terms of the proposed Transfer along with a schedule of all rent and other charges to be paid by the transferee pursuant to such Transfer (collectivelySection 14.C below, "Transfer Rent"). Landlord shall not unreasonably withhold its consent to any assignment or sublease, which consent or lack thereof shall be provided within thirty (30) days of receipt of Tenant's notice. Landlord shall not be deemed to have unreasonably withheld its consent if, in the judgment of the 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 a governmental unitsuch that it may not be able to perform its obligations in connection with this Lease; (iii) Tenant the purpose for which the transferee intends to use the Premises or portion thereof is in Default under violation of the terms of this LeaseLease or the lease of any other tenant in the Building; and (iv) in the judgment transferee is a tenant of the Building; or (v) any other bases which Landlord reasonably deems appropriate. If Landlord wrongfully withholds its consent to any Transfer, Tenant's sole and exclusive remedy therefor, shall be to seek specific performance of Landlord's obligation to consent to such Transfer. If Landlord consents to any Transfer, such a Transfer would violate any term, condition, covenant, or agreement Tenant shall pay to Landlord all rent and other consideration received by Tenant in excess of the Landlord involving Rent paid by Tenant hereunder for the Buildingportion of the Premises so transferred. Tenant Such rent shall not effect any Transfer if the transferee's use violates local zoning laws or ordinancesbe paid as and when received by Tenant. In addition, or if the transferee's use requires more parking than provided on the Premises. Tenant shall pay to Landlord any reasonable attorneys' or other fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents to such Transfer.

Appears in 1 contract

Samples: Lease (Manchester Equipment Co Inc)

Standards for Consent. (a) If Tenant desires the consent of --------------------- Landlord to a Transfer, then 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, including, without limitation, the terms of the proposed Transfer along with a schedule of all rent and other charges to be paid by the transferee pursuant to such Transfer (collectively, "Transfer Rent"). Landlord shall not unreasonably withhold its consent to any assignment or sublease, which consent or lack thereof shall be provided within thirty (30) days of after receipt of Tenant's notice. Landlord shall not be deemed to have unreasonably withheld its consent if, in the reasonable judgment of the 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 a governmental unitsuch that it may not be able to perform its obligations in connection with this Lease; (iii) Tenant is in Default default under this Lease; and or (iv) in the judgment of the Landlord, such a Transfer would violate any term, condition, covenant, covenant or agreement of the Landlord involving the Building. Tenant The foregoing, however, is not intended to be an exhaustive list of reasonable reasons for Landlord to withhold such consent. If Landlord wrongfully withholds its consent to any Transfer, Tenant's sole and exclusive remedy therefor shall not effect any Transfer if be to seek specific performance of Landlord's obligation to consent to such Transfer, unless, however a finding is made by the transferee's use violates local zoning laws or ordinances, or if court rendering the transferee's use requires more parking than provided on judgement that Landlord acted in malicious bad faith in withholding its consent to the Premises. Tenant shall pay to Landlord any reasonable attorneys' or other fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents in which case Tenant shall be entitled to such Transferdamages suffered by Tenant as a result thereof.

Appears in 1 contract

Samples: Lease Agreement (United Stationers Supply Co)

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Standards for Consent. (a) If Tenant desires the consent of --------------------- Landlord to a --------------------- Transfer, then Tenant shall submit to Landlord, at least thirty (30) 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. If Landlord does not terminate this Lease, includingin whole or in part, without limitation, the terms of the proposed Transfer along with a schedule of all rent and other charges to be paid by the transferee pursuant to such Transfer (collectivelySection 14C, "Transfer Rent"). Landlord shall not unreasonably withhold its consent to any assignment or sublease, which consent or lack thereof shall be provided within thirty (30) days of receipt of Tenant's notice. Landlord shall not be deemed to have unreasonably withheld its consent if, in the judgment of the 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 a governmental unitsuch that it may not be able to perform its obligations in connection with this Lease; (iii) Tenant the purpose for which the transferee intends to use the Premises or portion thereof is in Default under violation of the terms of this LeaseLease or the lease of any other tenant in the Building; and (iv) in the judgment transferee is a tenant of the Landlord, such a Transfer would violate any term, condition, covenant, Building (unless otherwise approved in writing by Landlord or agreement less than 5% of the rentable area of the Building is then available for leasing by Landlord involving the Buildingto third parties); or (v) any other reasonable bases. If Landlord consents to any sublease, Tenant shall not effect any Transfer if pay to Landlord 50% of all rent and other consideration received by Tenant in excess of the transferee's use violates local zoning laws or ordinancesRent paid by Tenant hereunder for the portion of the Premises so sublet (after deducting therefrom the amount of all reasonable brokerage commissions, or if cash allowances and tenant improvement costs actually paid by Tenant in connection with such sublease, which amount shall be amortized on a straight-line basis over the transferee's use requires more parking than provided on lease term of the Premisesapplicable sublease). Such rent shall be paid as and when received by Tenant. In addition, Tenant shall pay to Landlord any reasonable attorneys' or other fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents to such Transfer.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

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