Subletting by Tenant Clause Samples
The 'Subletting by Tenant' clause defines the tenant's right to lease all or part of the rented premises to another party. Typically, this clause outlines any conditions or restrictions, such as requiring the landlord's written consent before subletting, or specifying that the original tenant remains responsible for the lease obligations even after subletting. Its core function is to regulate and control the transfer of occupancy, ensuring the landlord maintains oversight over who occupies the property and protecting their interests against unauthorized or undesirable subtenants.
Subletting by Tenant. Tenant shall not sublet the Leased Premises or any portion thereof without Landlord’s prior written consent. It is agreed that in requesting such consent Tenant shall provide such information regarding the proposed sublease and the proposed sublease arrangement as Landlord may reasonably request. Landlord’s consent to Tenant’s request shall not be unreasonably withheld or delayed, in each instance, except under circumstances where Tenant is in default beyond applicable grace periods of any covenant in this Lease, in which event such consent may be withheld in Landlord’s absolute discretion. In the event that such sublease is approved, at Landlord’s request, Tenant shall construct a new demising wall separating such space from the remainder of the Leased Premises.
11.3 If Landlord consents to such assignment or subletting, it is understood and agreed that one-half of all profits realized by Tenant as a result of amounts collected by the Tenant from such assignee or subtenant shall be paid to Landlord by Tenant. For purposes of this Section 11.3, “profits” shall mean the amount by which all compensation received by Tenant as a result of such assignment or subletting, net of reasonable expenses actually incurred by Tenant in connection with such assignment or subletting, including leasing commissions amortized over the Term, in the case of an assignment, or over the term of the sublease, in the case of a subletting, exceeds (b) the Basic Rent and Additional Rent attributable to the entire Leased Premises, in the case of an assignment, or attributable to the portion of the Leased Premises so sublet, in the case of a subletting.
11.4 The consent by Landlord to any assignment, subletting or occupancy shall not be construed as a waiver or release of Tenant from any and all liability for the performance of all covenants and obligations to be performed by Tenant under this Lease, nor shall the collection or acceptance of rent from any assignee, transferee or subtenant constitute a waiver or release of Tenant from any of its liabilities or obligations under this Lease. Landlord’s consent to any assignment, subletting or occupancy shall not be construed as a consent with respect to any subsequent assignment, subletting or occupancy. For any period during which Tenant is in default with respect to the payment of Rent, Tenant hereby assigns to Landlord the rent due from any subtenant of Tenant and hereby authorizes each subtenant to pay said rent directly to Landlord.
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Subletting by Tenant. 13.4.1 Subject to this Section 13.4, Tenant has the right to sublet any portion of the Premises (but not all without Landlord’s approval) to one or more Subtenants by written Subleases from time to time with. Any Sublease shall:
13.4.1.1 provide that it is subject to and subordinate in all respects to this Lease and the rights of Landlord hereunder and that Subtenant shall comply with and perform all obligations of Tenant under this Lease with respect to the Subleased Premises;
13.4.1.2 require Subtenant to use the portion of the Premises subject to the Sublease (the “Subleased Premises”) only for the uses permitted under Article 4, this Agreement and the Benchmark Requirements;
13.4.1.3 include a term that does not extend beyond the Term of this Lease;
13.4.1.4 require Subtenant, to the maximum extent not prohibited by Law, to Indemnify the Indemnified Parties for any Loss arising from Subtenant’s use or occupancy of the Subleased Premises, which indemnity shall be in form reasonably acceptable to Landlord;
13.4.1.5 require Subtenant to name the Indemnified Parties as an additional insured on any liability insurance required to be carried under the Sublease, which liability insurance shall be in an amount and otherwise in
13.4.1.6 if requested by Landlord, include a provision satisfactory to Landlord requiring Subtenant, at Landlord’s option, to attorn to Landlord if Tenant defaults under this Lease and if the Subtenant is notified of Tenant’s default and instructed to make Subtenant’s rental payments to Landlord.
Subletting by Tenant. Any sublease, concession agreement, or license agreement made by Tenant, whether for the whole or any portion of the Premises, shall in each instance contain a provision substantially to the effect that if there is any termination of the Lease then the subtenant, concessionaire, or licensee at the request of Landlord, will attorn to Landlord and the sublease, concession, or license shall continue in effect with Landlord. If this Lease shall come to an end as a consequence of the default of Tenant, or otherwise, other than by expiration of the Lease Term, Landlord shall accept the attornment by such subtenants, concessionaires, or licensees, under written agreements made with them by Tenant as sublandlord, provided that such persons are not in default under the terms of their agreements.
Subletting by Tenant. Without the necessity of obtaining Landlord's consent thereto, Tenant may sublease the Tenant's Estate or any portion thereof at any time during the Lease Term for use by any subtenant. All such subleases shall be subordinate to this Lease, and all subtenants must agree to abide by all of the terms and covenants of this Lease except for the payment of rent. Within fifteen (15) days after Tenant's request, Landlord shall state in writing that a sublease pursuant to this section is not a breach of this Lease, and that Landlord's consent is not required for such sublease. In the event that this Lease is terminated prior to the natural expiration of the Lease Term, all of the subleases shall, at Landlord's option, automatically terminate, and be null and void. Notwithstanding the foregoing, Landlord shall, promptly following Tenant's request, enter into a nondisturbance, recognition and attornment agreement ("Nondisturbance Agreement") in recordable form with any subtenant of Tenant leasing space in the Leasehold Improvements, provided that the sublease provides that (i) rent substantially equivalent to fair market rent for the
Subletting by Tenant. The Tenant may sublet any portion of the Lands or Buildings provided that any use of the Lands and Buildings is in strict accordance with the uses permitted by the Heritage Revitalization Agreement.
Subletting by Tenant