Subleasing. (a) In accordance with Section 862(1) of the Act, the Demised Premises shall not be occupied by a sublessee whose tenancy would result in the removal of a facility or plant of the proposed sublessee from one area of the State to another area of the State or in the abandonment of one or more plants or facilities of such sublessee located within the State; provided, however, that neither restriction shall apply if the Agency shall determine: (i) that such occupation of the Demised Premises is reasonably necessary to discourage the proposed sublessee from removing such other plant or facility to a location outside the State, or (ii) that such occupation of the Demised Premises is reasonably necessary to preserve the competitive position of the proposed sublessee in its respective industry. (b) The Tenant may not assign the Tenant Lease Agreement or sub-sublease the Demised Premises without the prior written consent of the Agency. Any assignment or sub- sublease shall conform with the restrictions and requirements set forth in Section 9.3 of the Lease Agreement.
Appears in 5 contracts
Sources: Lease and Project Agreement, Lease and Project Agreement, Lease Agreement
Subleasing. (a) In accordance with Section 862(1) of the Act, the Demised Premises Facility shall not be occupied by a sublessee whose tenancy would result in the removal of a facility or plant of the proposed sublessee from one area of the State to another area of the State or in the abandonment of one or more plants or facilities of such sublessee located within the State; provided, however, that neither restriction shall apply if the Agency shall determine:
(i) that such occupation of the Demised Premises Facility is reasonably necessary to discourage the proposed sublessee from removing such other plant or facility to a location outside the State, or
(ii) that such occupation of the Demised Premises Facility is reasonably necessary to preserve the competitive position of the proposed sublessee in its respective industry.
(b) The Tenant may not assign the Tenant Lease Agreement or sub-sublease the Demised Premises Facility without the prior written consent of the Agency. Any assignment or sub- sub-sublease shall conform with the restrictions and requirements set forth in Section 9.3 of the Lease Agreement.
Appears in 3 contracts
Sources: Lease and Project Agreement, Amended and Restated Lease and Project Agreement, Lease and Project Agreement
Subleasing. (a) In accordance with Section 862(1) of the Act, the Demised Premises shall not be occupied by a sublessee whose tenancy would result in the removal of a facility or plant of the proposed sublessee from one area of the State to another area of the State or in the abandonment of one or more plants or facilities of such sublessee located within the State; provided, however, that neither restriction shall apply if the Agency shall determine:
(i) that such occupation of the Demised Premises is reasonably necessary to discourage the proposed sublessee from removing such other plant or facility to a location outside the State, oror 1Cannot be removed or modified; required by GML Section 859-a(6)(b).
(ii) that such occupation of the Demised Premises is reasonably necessary to preserve the competitive position of the proposed sublessee in its respective industry.
(b) The Tenant may not assign the Tenant Lease Agreement or sub-sublease the Demised Premises without the prior written consent of the Agency. Any assignment or sub- sublease shall conform with the restrictions and requirements set forth in Section 9.3 of the Lease Agreement.
Appears in 3 contracts
Sources: Lease and Project Agreement, Lease and Project Agreement, Lease and Project Agreement
Subleasing. (a) In accordance with Section 862(1) of the Act, the Demised Premises shall not be occupied by a sublessee whose tenancy would result in the removal of a facility or plant of the proposed sublessee from one area of the State to another area of the State or in the abandonment of one or more plants or facilities of such sublessee located within the State; provided, however, that neither restriction shall apply if the Agency shall determine:
(i) that such occupation of the Demised Premises is reasonably necessary to discourage the proposed sublessee from removing such other plant or facility to a location outside the State, or
(ii) that such occupation of the Demised Premises is reasonably necessary to preserve the competitive position of the proposed sublessee in its respective industry. 1Cannot be removed or modified; required by GML Section 859-a(6)(b).
(b) The Tenant may not assign the Tenant Lease Agreement or sub-sublease the Demised Premises without the prior written consent of the Agency. Any assignment or sub- sub-sublease shall conform with the restrictions and requirements set forth in Section 9.3 of the Lease Agreement.
Appears in 1 contract
Subleasing. (a) In accordance with Section 862(1) of the Act, the Demised Premises shall not be occupied by a sublessee whose tenancy would result in the removal of a facility or plant of the proposed sublessee from one area of the State to another area of the State or in the abandonment of one or more plants or facilities of such sublessee located within the State; provided, however, that neither restriction shall apply if the Agency shall determine:
(i) that such occupation of the Demised Premises is reasonably necessary to discourage the proposed sublessee from removing such other plant or facility to a location outside the State, or
(ii) that such occupation of the Demised Premises is reasonably necessary to preserve the competitive position of the proposed sublessee in its respective industry.
(b) The Tenant may not assign the Tenant Lease Agreement or sub-sublease the Demised Premises without the prior written consent of the Agency. Any assignment or sub- sublease shall conform with the restrictions and requirements set forth in Section 9.3 of the Lease Agreement.. 1 Cannot be removed or modified; required by GML Section 859-a(6)(b). 2 Cannot be removed or modified; required by GML Section 858-b.
Appears in 1 contract
Sources: Phase 2b Lease and Project Agreement
Subleasing. (a) In accordance with Section 862(1) of the Act, the Demised Premises shall not be occupied by a sublessee whose tenancy would result in the removal of a facility or plant of the proposed sublessee from one area of the State to another area of the State or in the abandonment of one or more plants or facilities of such sublessee located within the State; provided, however, that neither restriction shall apply if the Agency shall determine:
(i) that such occupation of the Demised Premises is reasonably necessary to discourage the proposed sublessee from removing such other plant or facility to a location outside the State, or
(ii) that such occupation of the Demised Premises is reasonably necessary to preserve the competitive position of the proposed sublessee in its respective industry.
(b) The Tenant may not assign the Tenant Lease Agreement or sub-sublease the Demised Premises without the prior written consent of the Agency. Any assignment or sub- 1Cannot be removed or modified; required by GML Section 859-a(6)(b). sublease shall conform with the restrictions and requirements set forth in Section 9.3 of the Lease Agreement.
Appears in 1 contract
Sources: Lease and Project Agreement
Subleasing. (a) In accordance with Section 862(1) of the Act, the Demised Premises shall not be occupied by a sublessee whose tenancy would result in the removal of a facility or plant of the proposed sublessee from one area of the State to another area of the State or in the abandonment of one or more plants or facilities of such sublessee located within the State; provided, however, that neither restriction shall apply if the Agency shall determine:
(i) that such occupation of the Demised Premises is reasonably necessary to discourage the proposed sublessee from removing such other plant or facility to a location outside the State, or
(ii) that such occupation of the Demised Premises is reasonably necessary to preserve the competitive position of the proposed sublessee in its respective industry.
(b) The Tenant may not assign the Tenant Lease Agreement or sub-sublease the Demised Premises without the prior written consent of the Agency. Any assignment or sub- sub-sublease shall conform with the restrictions and requirements set forth in Section 9.3 of the Lease Agreement.
Appears in 1 contract
Sources: Lease and Project Agreement (Akoustis Technologies, Inc.)
Subleasing. (a) In accordance with Section 862(1) of the Act, the Demised Premises shall not be occupied by a sublessee whose tenancy would result in the removal of a facility or plant of the proposed sublessee from one area of the State to another area of the State or in the abandonment 1 Cannot be removed or modified; required by GML Section 859-a(6)(b). of one or more plants or facilities of such sublessee located within the State; provided, however, that neither restriction shall apply if the Agency shall determine:
(i) that such occupation of the Demised Premises is reasonably necessary to discourage the proposed sublessee from removing such other plant or facility to a location outside the State, or
(ii) that such occupation of the Demised Premises is reasonably necessary to preserve the competitive position of the proposed sublessee in its respective industry.
(b) The Tenant may not assign the Tenant Lease Agreement or sub-sublease the Demised Premises without the prior written consent of the Agency. Any assignment or sub- sublease shall conform with the restrictions and requirements set forth in Section 9.3 of the Lease Agreement.
Appears in 1 contract
Sources: Lease and Project Agreement
Subleasing. (a) In accordance with Section 862(1) of the Act, the Demised Premises shall not be occupied by a sublessee whose tenancy would result in the removal of a facility or plant of the proposed sublessee from one area of the State to another area of the State or in the abandonment of one or more plants or facilities of such sublessee located within the State; provided, however, that neither restriction shall apply if the Agency shall determine:
(i) that such occupation of the Demised Premises is reasonably necessary to discourage the proposed sublessee from removing such other plant or facility to a location outside the State, or
(ii) that such occupation of the Demised Premises is reasonably necessary to preserve the competitive position of the proposed sublessee in its respective industry.
(b) The Tenant may not assign the Tenant Lease Agreement or sub-sublease the Demised Premises without the prior written consent of the Agency. Any assignment or sub- sublease shall conform with the restrictions and requirements set forth in Section 9.3 of the Lease Agreement. 1Cannot be removed or modified; required by GML Section 859-a(6)(b).
Appears in 1 contract
Sources: Lease and Project Agreement
Subleasing. (a) In accordance with Section 862(1) of the Act, the Demised Premises shall not be occupied by a sublessee whose tenancy would result in the removal of a facility or plant of the proposed sublessee from one area of the State to another area of the State or in the abandonment of one or more plants or facilities of such sublessee located within the State; provided, however, that neither restriction shall apply if the Agency shall determine:
: (i) that such occupation of the Demised Premises is reasonably necessary to discourage the proposed sublessee from removing such other plant or facility to a location outside the State, or
or (ii) that such occupation of the Demised Premises is reasonably necessary to preserve the competitive position of the proposed sublessee in its respective industry.
(b) The Tenant may not assign the Tenant Lease Agreement or sub-sublease the Demised Premises without the prior written consent of the Agency. Any assignment or sub- sub-sublease shall conform with the restrictions and requirements set forth in Section 9.3 of the Lease Agreement.
Appears in 1 contract
Sources: Lease and Project Agreement (Chembio Diagnostics, Inc.)