BY TENANT. Tenant shall not sublet the Leased Premises for any portion thereof or assign or encumber its interest in this Lease, whether voluntarily or by operation of Law, without Landlord's prior written consent first obtained in accordance with the provisions of this Article 7. Any attempted subletting, assignment or encumbrance without Landlord's prior written consent, at Landlord's election, shall constitute a default by Tenant under the terms of this Lease. Notwithstanding the foregoing, Tenant may sublease up to, but not exceeding, fifty percent (50%) of the Leased Premises, in the aggregate (taking into account any then-existing sublettings of the Leased Premises to any Affiliate(s) (as defined below)), to an Affiliate without the prior written consent of Landlord provided that, in each instance, (i) Tenant provides Landlord with prior written notice of the sublease in question and promptly furnishes Landlord with the documents and information described in Section 7.3 below, (ii) the conditions described in Section 7.4 below have been fully and completely satisfied with respect to such proposed sublease (with any purported sublease to an Affiliate made prior to such satisfaction being void and, at Landlord's election, shall constitute a material default by Tenant under this Lease, all as provided in Section 7.4 below), (iii) all other terms and conditions of this Article 7 shall apply to such sublease (other than the requirement that Tenant obtain the prior written consent of Landlord thereto), and (iv) such sublease is not a subterfuge by Tenant to avoid its obligations or the transfer restrictions under this Lease. For purposes hereof, an "Affiliate" shall mean any entity that controls, is controlled by or is under common control with Tenant, and "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the voting securities of any entity or possession of the right to vote more than fifty percent (50%) of the voting interest in the ordinary direction of the entity's affairs. Any dissolution, merger, consolidation or other reorganization of an Affiliate following a sublease to such Affiliate permitted to be made hereunder without Landlord's consent, or the sale or other transfer in the aggregate over the Lease Term of a controlling percentage (as defined in Section 7.2 below, with the term "Tenant" as used in such definition meaning such Affiliate for purposes of such application) of the capital stock of such Affiliate, shall ...
BY TENANT. As required by the Declaration covering the Property, but in no event less than $2,000,000 combined single limit of liability for bodily injury and property damage with an annual aggregate of $2,000,000, together with all risk property insurance (hereinafter "Tenant's Property Insurance") covering fire and extended coverage, vandalism and malicious mischief, sprinkler leakage and all other perils included in a standard Special Causes of Loss or All Risk form for no less than eighty percent (80%) of the replacement value of all of Tenant's property located on or within the Premises, together with the same insurance for replacement of the Premises themselves, for not less than on hundred percent of the replacement value of the Premises, excluding footings and foundation, with Tenant's customary deductibles. By Landlord: Such insurance as Landlord deems appropriate to insure itself for claims for bodily injury and property damage liability.
BY TENANT. A certified check or a cashier's check payable to the order of Landlord for the cash to close or a wire transfer of said funds to a bank account designated by Landlord.
Examples of BY TENANT in a sentence
LANDLORD MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY TENANT.
THIS WAIVER IS KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY MADE BY TENANT AND TENANT ACKNOWLEDGES THAT NEITHER LANDLORD NOR ANY PERSON ACTING ON BEHALF OF LANDLORD HAS MADE ANY REPRESENTATIONS OF FACT TO INDUCE THIS WAIVER OF TRIAL BY JURY OR IN ANY WAY TO MODIFY OR NULLIFY ITS EFFECT.
THE SUBMISSION OF THIS LEASE BY LANDLORD, ITS AGENT OR REPRESENTATIVE FOR EXAMINATION OR EXECUTION BY TENANT DOES NOT CONSTITUTE AN OPTION OR OFFER TO LEASE THE PREMISES UPON THE TERMS AND CONDITIONS CONTAINED HEREIN OR A RESERVATION OF THE PREMISES IN FAVOR OF TENANT, IT BEING INTENDED HEREBY THAT THIS LEASE SHALL ONLY BECOME EFFECTIVE UPON THE EXECUTION HEREOF BY LANDLORD AND TENANT AND DELIVERY OF A FULLY EXECUTED LEASE TO TENANT.
TENANT ACKNOWLEDGES THAT THE LEASED PREMISES ARE OF ITS SELECTION AND TO ITS SPECIFICATIONS AND THAT THE LEASED PREMISES HAVE BEEN INSPECTED BY TENANT AND ARE SATISFACTORY TO IT.
SUCH ACKNOWLEDGEMENTS, AGREEMENTS AND WAIVERS BY TENANT ARE A MATERIAL INDUCEMENT TO LANDLORD ENTERING INTO THIS LEASE.
More Definitions of BY TENANT
BY TENANT. As applicable to the Leased Premises, heat, water, gas, steam, telephone, sewer and electricity consumed on the Premises.
BY TENANT. Tenant shall not sublet the Leased Premises (or any portion thereof) or assign or encumber its interest in this Lease, whether voluntarily or by operation of Law, without Landlord's prior written consent, which shall not be unreasonably withheld, first obtained in accordance with the provisions of this Article 7. Any attempted subletting, assignment or encumbrance without Landlord's prior written consent, at Landlord's election, shall constitute a default by Tenant under the terms of the Lease. The acceptance of rent by Landlord from any person or entity other than Tenant, or the acceptance of rent by Landlord from Tenant with knowledge of a violation of the provisions of this Article, shall not be deemed to be a waiver by Landlord of any provision of this Article or this Lease or to be a consent to any subletting by Tenant or any assignment or encumbrance of Tenant's interest in this Lease. Notwithstanding anything to the contrary in Section 7.1 of the Lease Form, Landlord shall not unreasonably withhold its consent to any assignment or sublease.
BY TENANT. The following provisions shall apply to any assignment or subletting by Tenant:
14.1.1 Tenant shall not sublet the Premises or assign or encumber its interest in this Lease, without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. Landlord shall be deemed to have consented to any proposed assignment or subletting if it has not reasonably withheld its consent to any such proposed assignment or subletting within fifteen (15) days of Tenant's request for consent.
14.1.2 Consent by Landlord to one or more assignments or encumbrances of this Lease or to one or more sublettings of the Premises shall not be deemed to be a consent to any subsequent assignment, encumbrance, or subletting.
14.1.3 Notwithstanding the foregoing, Tenant may assign this Lease or sublet all or a portion of the Premises without Landlord's consent (i) to a parent, subsidiary, or an entity under common control with Tenant, (ii) in connection with the transfer of substantially all of the stock of Tenant, or (iii) in connection with the sale of substantially all of Tenant's assets located in the Premises.
BY TENANT s giving written notice to Landlord no later than nine (9) months prior to the expiration of the term or the Extended Term, if applicable. Base Monthly Rental for the Premises shall be the Market Rent for such Premises and all other terms and conditions of this Lease shall remain the same as existed on the last day of the term or the Extended Term, if applicable. Base Monthly Rental for the Premises shall be the Market Rent for such Premises and all other terms and conditions of this Lease shall remain the same as existed on the last day of the Term hereof or the Extended Term, if applicable. For purposes of this Special Stipulation 2, the term "Market Rent" shall mean rent which is comparable to rent then being charged for premises of a similar size located within Class "A" warehouse/industrial/office parks of a similar nature to the Center located in the Gwinnett County, "I-85" area, as agreed upon by Landlord and Tenant. If Landlord and Tenant are unable to agree on Market Rent, Landlord and Tenant shall appoint a third party, expert in the Market Rent shall be and is hereby deemed to be final and conclusive. If Tenant does not extend this Lease in a timely manner, Tenant's rights with respect to the Extended Term(s) shall expire and be of no further force and effect.
BY TENANT. As required by the Governing Documents (as hereinafter defined) covering the Property, but in no event less than $2,000,000 combined single limit of liability for bodily injury and property damage with an annual aggregate of $2,000,000, together with all risk property insurance (hereinafter "Tenant's Property Insurance") covering fire and extended coverage, vandalism and malicious mischief, sprinkler leakage and all other perils included in a standard Special Causes of Loss or All Risk form for no less than eighty percent (80%) of the replacement value of all of Tenant's property located on or within the Premises, together with the same insurance for replacement of the Premises themselves, for not less than one hundred percent of the replacement value of the Premises, excluding footings and foundation, with Tenant's customary deductibles.
BY TENANT. Tenant accepts Suite 815 containing 4,550 S.F. ---------------------- "as is". Any finish-out construction or refurbishing work, including all utility connections, shall be performed by Tenant. At the completion of the construction to be done by Tenant, Landlord shall provide Tenant a "Construction Allowance" not to exceed Forty Five Thousand, Five Hundred Dollars ($45,500.00) as set forth below. This paragraph is subject to the following terms and conditions:
BY TENANT. Tenant shall not sublet the Leased Premises for any portion thereof or assign or encumber its interest in this Lease, whether voluntarily or by operation of Law, without Landlord's prior written consent first obtained in accordance with the provisions of this Article 7. Any attempted subletting, assignment or encumbrance without Landlord's prior written consent, at Landlord's election, shall constitute a default by Tenant under the terms of this Lease. The acceptance of rent by Landlord from any person or entity other than Tenant, or the acceptance of rent by Landlord from Tenant with knowledge of a violation of the provisions of this Paragraph, shall not be deemed to be a waiver by Landlord of any provision of this Article or this Lease or to be a consent to any subletting by Tenant or any assignment or encumbrance of Tenant's interest in this Lease.