Additional Conditions; Excess Rent. If Landlord approves of the proposed Transfer pursuant to Subparagraph 16.3 above, Tenant may enter into the proposed Transfer with such proposed Transferee subject to the following further conditions:
Additional Conditions; Excess Rent. If for a Transfer other than a Permitted Transfer Landlord does not exercise its sublease or termination option and instead approves of the proposed Transfer pursuant to Section 14.3(a) above, Tenant may enter into the proposed Transfer with such proposed Transferee subject to the following further conditions:
Additional Conditions; Excess Rent. A condition to Landlord’s consent to any Transfer will be the delivery to Landlord of a true copy of the fully executed instrument of assignment, sublease, transfer or hypothecation, in form and substance reasonably satisfactory to Landlord, an original of Landlord’s standard consent form executed by both Tenant and the proposed Transferee. In addition, if Landlord consents to a Transfer, Tenant agrees that fifty percent (50%) of all rent amounts payable to Tenant with respect to the Transfer (excluding any amounts payable for any services, personal property rental or any other amounts not attributable to rent of the actual real property) in excess of the Rent due to Landlord for such portion of the Premises that is subject to the Transfer shall be paid to Landlord on a monthly basis, as and when Tenant receives such rent, but only after Tenant has first fully recovered on a cash basis, all of its actual, reasonable and customary transaction costs. Notwithstanding the foregoing, Tenant shall not be required to pay to Landlord any excess rent amounts or other consideration payable to Tenant in connection with any Permitted Transfer. If Tenant effects a Transfer or requests the consent of Landlord to any Transfer (whether or not such Transfer is consummated), then, within thirty (30) days after receipt of Landlord’s documented invoice therefor, Tenant shall reimburse Landlord for Landlord’s reasonable attorneys’ and paralegal fees and other costs incurred by Landlord in reviewing such proposed assignment or sublease (whether attributable to Landlord’s in-house attorneys or paralegals or otherwise) not to exceed Three Thousand Dollars ($3,000.00).
Additional Conditions; Excess Rent. If Landlord does not exercise its recapture option described in Section 14.3(b) above and instead approves of the proposed Transfer pursuant to Section 14.3(a) above, Tenant may enter into the proposed Transfer with such proposed Transferee subject to the following Further conditions:
Additional Conditions; Excess Rent. A condition to Landlord’s consent to any Transfer will be the delivery to Landlord of a true copy of the fully executed instrument of assignment, sublease, transfer or hypothecation, in form and substance reasonably satisfactory to Landlord, an original of Landlord’s standard consent form executed by both Tenant and the proposed Transferee. If Tenant effects a Transfer or requests the consent of Landlord to any Transfer (whether or not such Transfer is consummated), then, upon demand, and as a condition precedent to Landlord’s consideration of the proposed assignment or sublease, Tenant agrees to pay Landlord a non-refundable administrative fee of Five Hundred Dollars ($500.00) plus Landlord’s reasonable attorneys’ and paralegal fees and other costs incurred by Landlord in reviewing such proposed assignment or sublease (whether attributable to Landlord’s in-house attorneys or paralegals or otherwise). Acceptance of the Five Hundred Dollar ($500.00) administrative fee and/or reimbursement of Landlord’s attorneys’ and/or paralegal fees shall in no event obligate Landlord to consent to any proposed Transfer.
Additional Conditions; Excess Rent. If Landlord does not exercise any of its applicable options pursuant to Section 13.3 above, then Landlord may either approve or disapprove such Transfer, which approval shall not be unreasonably withheld, conditioned or delayed. If Landlord grants such approval, Tenant may enter into the proposed Transfer with such proposed Transferee subject to the following further conditions:
Additional Conditions; Excess Rent. Landlord’s consent to any proposed Transfer may be given or withheld in accordance with the standards set forth in this Section 13, including, but not limited to the factors set forth in Section 13.5 below, which the parties agree are reasonable restrictions and conditions pursuant to California Civil Code section 1995.250. If Landlord does not disapprove the proposed Transfer within the above 10 business-day period, Tenant shall deliver to Landlord a second notice requesting Landlord’s consent, which second notice shall include, in bold, all caps and underlined lettering, a statement that if Landlord fails to disapprove the proposed Transfer within ten (10) business days following Landlord’s receipt of such second notice, Landlord shall be deemed to have approved the proposed Transfer. If Landlord grants such approval (or is deemed to have granted such approval), Tenant may enter into the proposed Transfer with such proposed Transferee subject to the following further conditions:
