Common use of Xxxxxxx Consent Clause in Contracts

Xxxxxxx Consent. Lessee shall not enter into a Sublet without Lessor’s prior written consent, which consent shall not be unreasonably withheld. Any attempted or purported Sublet without Lessor’s prior written consent shall be void and confer no rights upon any third person. In determining whether or not to consent to a proposed Sublet, Lessor may consider the following factors, among others, all of which shall be deemed reasonable; (i) whether the proposed Sublessee has the financial wherewithal to pay the rent as established in the sublease as reasonably determined by Lessor at the time Lessor’s Consent is requested; (ii) whether the proposed use of the Premises by the proposed Sublessee is consistent with the permitted use for the Premises set forth in Paragraph 6 of this Lease; (iii) whether the experience and business reputation of the proposed Sublessee is equal to or greater than that of Lessee; (iv) whether the rent payable by the Sublessee under the proposed Sublet is set below the current fair market sublease rent for the subleased Premises as a subterfuge to avoid paying to Lessor its share of the profit on such transaction; and (v) whether Lessor’s consent will result in a breach of any other lease or agreement to which Lessor is a party affecting the Building. Each Sublessee shall agree in writing, for the benefit of Lessor, to assume, to be bound by, and to perform the terms and conditions and covenants of this Lease to be performed by Lessee. Notwithstanding anything contained herein, Lessee shall not be released from liability for the performance of each term, condition and covenant of this Lease by reason of Lessor’s consent to a Sublet unless Lessor specifically grants such release in writing. Consent by Lessor to any Sublet shall not be deemed a consent to any subsequent Sublet. Lessee shall reimburse Lessor for all reasonable costs and attorneys’ fees incurred by Lessor in connection with the evaluation, processing and/or documentation of any requested Sublet, whether or not Lessor’s consent is granted, in an amount not to exceed One Thousand Dollars ($1,000.00) per request. Lessor’s reasonable costs shall include the cost of any review or investigation by Lessor of any hazardous or toxic materials which may be used, stored, or disposed of at the Premises by the Sublessee, including fees paid to consultants hired to perform such review or investigation.

Appears in 2 contracts

Samples: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)

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Xxxxxxx Consent. Lessee shall not enter into a Sublet without ----------------- Lessor’s 's prior written consent, which consent shall not be unreasonably withheldwithheld or delayed. Any attempted or purported Sublet without Lessor’s 's prior written consent shall be void and confer no rights upon any third personperson and, at Lessor's election, shall terminate this Lease. In determining whether or not to consent to a proposed Sublet, Lessor may consider the following factors, among others, all of which shall be deemed reasonable; (i) whether the proposed Sublessee has a net worth equal to or greater than the financial wherewithal to pay the rent as established in the sublease as reasonably determined by Lessor net worth of Lessee at the time Lessor’s Consent is requestedLessee executed this Lease; (ii) whether the proposed use of the Premises by the proposed Sublessee is consistent with the permitted use for the Premises set forth in Paragraph 6 of this Lease; (iii) whether the experience and business reputation of the proposed Sublessee is equal to or greater than that of Lessee; (iv) whether the rent payable by the Sublessee under the proposed Sublet is set below reflects the current fair market sublease rent for the subleased Premises as a subterfuge to avoid paying to Lessor its share of the profit on such transactionreasonably determined by Lessee; and (v) whether Lessor’s 's consent will result in a breach of any other lease or agreement to which Lessor is a party affecting the Building. Each Sublessee shall agree in writing, for the benefit of Lessor, to assume, to be bound by, and to perform the terms and conditions and covenants of this Lease to be performed by Lessee. Notwithstanding anything contained herein, Lessee shall not be released from liability for the performance of each term, condition and covenant of this Lease by reason of Lessor’s 's consent to a Sublet unless Lessor specifically grants such release in writing. Consent by Lessor to any Sublet unless Lessor specifically grants such release in writing. Consent by Lessor to any Sublet shall not be deemed a consent to any subsequent Sublet. Lessee shall reimburse Lessor for all reasonable and customary costs and attorneys' fees incurred by Lessor in connection with the evaluation, processing and/or documentation of any requested Sublet, whether or not Lessor’s 's consent is granted, in an amount not to exceed One Thousand Dollars ($1,000.00) per request. Lessor’s reasonable costs shall include the cost of any review or investigation by Lessor of any hazardous or toxic materials which may be used, stored, or disposed of at the Premises by the Sublessee, including fees paid to consultants hired to perform such review or investigation.

Appears in 2 contracts

Samples: Lease (Oratec Interventions Inc), Lease (Oratec Interventions Inc)

Xxxxxxx Consent. Lessee shall not enter into a Sublet without Lessor’s 's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Any attempted or purported Sublet without Lessor’s 's prior written consent shall be void and confer no rights upon any third personperson and, at Lessor's election, shall terminate this Lease. In determining whether or not to consent to a proposed Sublet, Lessor may consider the following factors, among others, all of which shall be deemed reasonable; (i) whether the proposed Sublessee has a net worth equal to or greater than the financial wherewithal to pay the rent as established in the sublease as reasonably determined by Lessor at the time Lessor’s Consent is requestednet worth of Lessee; (ii) whether the proposed use of the Premises by the proposed Sublessee is consistent with the permitted use for the Premises set forth in Paragraph Paragaph 6 of this Lease; (iii) whether the experience and business reputation of the proposed Sublessee is equal to or greater than that of Lessee; (iv) whether the rent payable by the Sublessee under the proposed Sublet is set below reflects the current fair market sublease rent for the subleased Premises as a subterfuge to avoid paying to Lessor its share of the profit on such transactionreasonably determined by Lessor; and (v) whether Lessor’s 's consent will result in a breach of any other lease or agreement to which Lessor is a party affecting the Building. Each Sublessee shall agree in writing, for the benefit of Lessor, to assume, to be bound by, and to perform the terms and conditions and covenants of this Lease to be performed by Lessee. Notwithstanding anything contained herein, Lessee shall not be released from liability for the performance of each term, condition and covenant of this Lease by reason of Lessor’s 's consent to a Sublet unless Lessor specifically grants such release in writing. Consent by Lessor to any Sublet shall not be deemed a consent to any subsequent Sublet. Lessee shall reimburse Lessor for all reasonable costs and attorneys' fees incurred by Lessor in connection with the evaluation, processing and/or documentation of any requested Sublet, whether or not if Lessor’s 's consent is granted, in an amount not to exceed One Thousand Dollars ($1,000.00) per request. Lessor’s 's reasonable costs shall include the cost of any review or investigation by Lessor of any hazardous or toxic materials which may be used, stored, or disposed of at the Premises by the Sublessee, including fees paid to consultants hired to perform such review or investigation.

Appears in 1 contract

Samples: Lease (Zamba Corp)

Xxxxxxx Consent. Lessee shall not enter into a Sublet without Lessor’s 's ----------------- prior written consent, which consent shall not be unreasonably withheldwithheld or -- delayed. Any attempted or purported Sublet without Lessor’s 's prior written -------- consent shall be void and confer no rights upon any third personperson and, at Lessor's election, shall terminate this Lease. In determining whether or not to consent to a proposed Sublet, Lessor may consider the following factors, among others, all of which shall be deemed reasonable; (i) whether the proposed Sublessee has a net worth equal to or greater than the financial wherewithal to pay the rent as established in the sublease as reasonably determined by Lessor net worth of Lessee at the time Lessor’s Consent is requestedLessee executed this Lease; (ii) whether the --------------------------------------- proposed use of the Premises by the proposed Sublessee is consistent with the permitted use for the Premises set forth in Paragraph 6 of this Lease; (iii) whether the experience and business reputation of the proposed Sublessee is equal to or greater than that of Lessee; (iv) whether the rent payable by the Sublessee under the proposed Sublet is set below reflects the current fair market sublease rent for the subleased Premises as a subterfuge to avoid paying to Lessor its share of the profit on such transactionreasonably determined by Lessee; and (v) whether Lessor’s 's consent will result in a breach of any other lease or agreement to which Lessor is a party affecting the Building. Each Sublessee shall agree in writing, for the benefit of Lessor, to assume, to be bound by, and to perform the terms and conditions and covenants of this Lease to be performed by Lessee. Notwithstanding anything contained herein, Lessee shall not be released from liability for the performance of each term, condition and covenant of this Lease by reason of Lessor’s 's consent to a Sublet unless Lessor specifically grants such release in writing. Consent by Lessor to any Sublet unless Lessor specifically grants such release in writing. Consent by Lessor to any Sublet shall not be deemed a consent to any subsequent Sublet. Lessee shall reimburse Lessor for all reasonable and customary costs and attorneys' fees incurred by ------------- Lessor in connection with the evaluation, processing and/or documentation of any requested Sublet, whether or not Lessor’s 's consent is granted, in an amount not to exceed One Thousand Dollars ($1,000.00) per request. Lessor’s reasonable costs shall include the cost of any review or investigation by Lessor of any hazardous or toxic materials which may be used, stored, or disposed of at the Premises by the Sublessee, including fees paid to consultants hired to perform such review or investigation.

Appears in 1 contract

Samples: Lease (Oratec Interventions Inc)

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Xxxxxxx Consent. Lessee shall not enter into a Sublet without Lessor’s prior written consent, which consent consent’ shall not be unreasonably withheld, conditioned or delayed. Any attempted or purported Sublet without Lessor’s prior written consent shall be void and confer no rights upon any third personperson and, at Lessor’s election, shall terminate this Lease. In determining whether or not to consent to a proposed Sublet, Lessor may consider the following factors, among others, all of which shall be deemed reasonable; : (i) whether the proposed Sublessee has a net worth sufficient to allow it to meet its obligations under the financial wherewithal to pay the rent as established in the sublease as reasonably determined by Lessor at the time Lessor’s Consent is requestedproposed sublease; (ii) whether the proposed use of the Premises by the proposed Sublessee is consistent with the permitted use for the Premises set forth in Paragraph 6 of this Lease; (iii) whether the experience and business reputation of the proposed Sublessee is equal to or greater than that of Lessee; (iv) whether the rent payable by the Sublessee under the proposed Sublet is set below the current fair market sublease rent for the subleased Premises as a subterfuge to avoid paying to Lessor its share of the profit on such transaction; and (viv) whether Lessor’s consent will result in a breach of any other lease or agreement to which Lessor is a party affecting the Building; and (v) whether the proposed Sublet requires any non-standard building modifications. Each Sublessee shall agree in writing, for the benefit of Lessor, to assume, to be bound by, and to perform the terms and conditions and covenants of this Lease to be performed by Lessee. Notwithstanding anything contained herein, Lessee shall not be released from liability for the performance of each term, condition and covenant of this Lease by reason of Lessor’s consent to a Sublet unless Lessor specifically grants such release in writing. Consent by Lessor to any Sublet shall not be deemed a consent to any subsequent Sublet. Lessee shall reimburse Lessor for all reasonable costs and reasonable attorneys’ fees incurred by Lessor in connection with the evaluation, processing and/or documentation of any requested Sublet, whether or not Lessor’s consent is granted; provided, in an amount however such costs and fees shall not to exceed One Five Thousand Dollars ($1,000.00) per request. 5,000.00), Lessor’s reasonable costs shall include the cost of any review or investigation by Lessor of any hazardous or toxic materials which may be used, stored, or disposed of at the Premises by the Sublessee, including fees paid to consultants hired to perform such review or investigation.

Appears in 1 contract

Samples: Lease (Zoran Corp \De\)

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