State Consent Required. Tenant shall not sell, convey, mortgage, assign, pledge, sublease, or otherwise transfer or encumber any part of Tenant’s interest in this Lease or the Property without State’s prior written consent, which shall be at State’s sole discretion. (a) In determining whether to consent, State may consider, among other items, the proposed transferee’s financial condition, business reputation, and experience, the nature of the proposed transferee’s business, the then-current value of the Property, and such other factors as may reasonably bear upon the suitability of the transferee as a tenant of the Property.. Tenant shall submit information regarding any proposed transferee to State at least thirty (30) days prior to the date of the proposed transfer. (b) State reserves the right to condition its consent upon: (1) Changes in the terms and conditions of this Lease, including, but not limited to, the Annual Rent; and/or (2) The agreement of Tenant or transferee to conduct Tests for Hazardous Substances on the Property or on other property owned or occupied by Tenant or the transferee. (c) Each permitted transferee shall assume all obligations under this Lease, including the payment of rent. No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of Tenant. Tenant shall remain liable for the full and complete performance, satisfaction, and compliance with the terms of this Lease. (d) State’s consent under this Paragraph 9.1 does not constitute a waiver of any claims against Tenant for the violation of any term of this Lease.
Appears in 2 contracts
Samples: Aquatic Lands Lease, Aquatic Lands Lease
State Consent Required. Tenant shall not sell, convey, mortgage, assign, pledge, sublease, or otherwise transfer or encumber all or any part of Tenant’s interest in this Lease or the Property without State’s prior written consent, which shall be at State’s sole discretion.
(a) In determining whether to consent, State may consider, among other items, the proposed transferee’s financial condition, business reputation, and experience, the nature of the proposed transferee’s business, the then-current value of the Property, and such other factors as may reasonably bear upon the suitability of the transferee as a tenant of the Property.. . State may refuse its consent to any conveyance, transfer, or encumbrance if it will result in a subdivision of the leasehold. Tenant shall submit information regarding any proposed transferee to State at least thirty (30) days prior to the date of the proposed transfer.
(b) State reserves the right to condition its consent upon:
(1) Changes in the terms and conditions of this Lease, including, but not limited to, the Annual Rent; and/or
(2) The agreement of Tenant or transferee to conduct Tests for Hazardous Substances on the Property or on other property owned or occupied by Tenant or the transferee.
(c) Each permitted transferee shall assume all obligations under this Lease, including the payment of rent. No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of Tenant. Tenant shall remain liable for the full and complete performance, satisfaction, and compliance with the terms of this Lease.
(d) State’s consent under this Paragraph 9.1 does not constitute a waiver of any claims against Tenant for the violation of any term of this Lease.
Appears in 1 contract
Samples: Aquatic Lands Lease
State Consent Required. Tenant shall not sell, convey, mortgagetransfer, assign, pledge, sublease, or otherwise transfer or encumber any part of Tenant’s interest in this Lease or the Property without State’s prior written consent, which shall be at State’s sole discretion.
(a) In determining whether to consent, State may consider, among other items, the proposed transferee’s financial condition, business reputation, and experience, the nature of the proposed transferee’s business, the then-current value of the Property, and such other factors as may reasonably bear upon the suitability of the transferee as a tenant of the Property.. . State may refuse its consent to any conveyance, transfer, or encumbrance if it will result in a subdivision of the leasehold. Tenant shall submit information regarding any proposed transferee to State at least thirty (30) days prior to the date of the proposed transfer.
(b) State reserves the right to condition its consent upon:
(1) Changes in the terms and conditions of this Lease, including, but not limited to, the Annual Rent; and/or
(2) The agreement of Tenant or transferee to conduct Tests for Hazardous Substances on the Property or on other property owned or occupied by Tenant or the transferee.
(c) Each permitted transferee shall assume all obligations under this Lease, including the payment of rent. No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of Tenant. Tenant shall remain liable for the full and complete performance, satisfaction, and compliance with the terms of this Lease.
(d) State’s consent under this Paragraph 9.1 does not constitute a waiver of any claims against Tenant for the violation of any term of this Lease.
Appears in 1 contract
Samples: Aquatic Lands Lease
State Consent Required. Tenant shall not sell, convey, mortgage, assign, pledge, sublease, or otherwise transfer or encumber all or any part of Tenant’s interest in this Lease or the Property without State’s prior written consent, which shall be at State’s sole discretion.
(a) In determining whether to consent, State may consider, among other items, the proposed transferee’s financial condition, business reputation, and experience, the nature of the proposed transferee’s business, the then-current value of the Property, and such other factors as may reasonably bear upon the suitability of the transferee as a tenant of the Property.. . State may refuse its consent to any conveyance, transfer, or encumbrance if it will result in a subdivision of the leasehold. Tenant shall submit information regarding any proposed transferee to State at least thirty (30) days prior to the date of the proposed transfer.
(b) State reserves the right to condition its consent upon:
(1) Changes in the terms and conditions of this Lease, including, but not limited to, the Annual Rent; and/orand/or Aquatic Lands Lease (Rev. 7/20/2022) Page 17 of 40 Lease No. 20-B09917
(2) The agreement of Tenant or transferee to conduct Tests for Hazardous Substances on the Property or on other property owned or occupied by Tenant or the transferee.
(c) Each permitted transferee shall assume all obligations under this Lease, including the payment of rent. No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of Tenant. Tenant shall remain liable for the full and complete performance, satisfaction, and compliance with the terms of this Lease.
(d) State’s consent under this Paragraph 9.1 does not constitute a waiver of any claims against Tenant for the violation of any term of this Lease.
Appears in 1 contract
Samples: Aquatic Lands Lease