Common use of Alternative Use Clause in Contracts

Alternative Use. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to an alternative use during the Lease Term without Lessor’s prior written consent, which consent shall not be unreasonably withheld; provided, however, that Lessor’s consent shall not be deemed unreasonably withheld if Lessor’s decision is based on any or all of the following: (a) whether the rental paid to Lessor would be equal to or greater than the anticipated rental assuming continued existing use; (b) whether the proposed rental to be paid to Lessor is reasonable considering the converted use of such Property and the customary rental prevailing in the community for such use; (c) whether the converted use will be consistent with the highest and best use of such Property; (d) whether the converted use will increase Lessor’s risks or decrease the value of such Property; and (e) whether the converted use will adversely affect Lessor’s status as a REIT.

Alternative Use. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to an alternative use during the Lease Term without Lessor’s prior written consent, which consent shall not be unreasonably withheld; provided, however, that Lessor’s consent shall not be deemed unreasonably withheld if Lessor’s decision is based on any or all of the following: (a) whether the rental paid to Lessor would be equal to or greater than the anticipated rental assuming continued existing use; (b) whether the proposed rental to be paid to Lessor is reasonable considering the converted use of the such Property and the customary rental prevailing in the community for such use; (c) whether the converted use will be consistent with the highest and best use of such Property; (d) whether the converted use will increase Lessor’s risks or decrease the value of such Property; and (e) whether the converted use will adversely affect Lessor’s status as a REIT.