Common use of Assignment by Tenant Clause in Contracts

Assignment by Tenant. Notwithstanding the provisions of Section 23 of the Landlord and Tenant Act, R.C. 1980, Chapter 232 or any amendments thereto, or similar enactments in force now or in the future, the Lessee shall not assign this lease or sub-let or part with possession of all or any part of the herein demised premises or permit any licensee or concessionaire to conduct business on the herein demised premises or a portion thereof without the prior written consent of the Lessor, which consent may not be unreasonably withheld; provided that if the Tenant is a corporation, the transfer of the majority of the stock of the corporation or the transfer or issuance of any of the stock of the corporation sufficient to transfer control of the corporation to others than the immediate families of the then present shareholders shall be deemed substantial violation of the foregoing clause respecting assignment or sublease unless the prior written consent of the Landlord is first obtained. If the tenant shall assign this Lease, the Landlord may collect rent and any other sums from the assignee, and apply the net amount collected to the rent and other amounts payable hereunder but no such assignment shall be deemed a waiver of this covenant or the acceptance of the assignee. All requests to the landlord for consent to assigning this Lease or subletting or parting with the possession of all or part of the herein demised premises shall be made to the Landlord in writing together with such information in writing as a Landlord might reasonably require respecting a proposed assignee, including without limitation, the name address, nature of business experience and responsibility and financial responsibility, standing and background of such proposed assignee and, in the event that such proposed assignee is a corporation, similar information respecting the principal shareholders of such corporation. Any assignee, sub-tenant, licensee or concessionaire approved by the Landlord shall be bound by all the terms, conditions, covenants, provisos, and agreements of this Lease and shall, at the request of the Landlord, execute a covenant to such effect. The Landlord shall have the right to require the execution of such covenant as a prior condition before the granting of consent to assignment or parting with possession of all or part of the herein demised premises. In the event of an assignment consented to by the Landlord, the Tenant shall nonetheless remain responsible to the Landlord for the fulfillment of all obligations created by this Lease.

Assignment by Tenant. Notwithstanding (a) Tenant acknowledges that Landlord has relied both on the provisions business experience and creditworthiness of Section 23 of Tenant and upon the Landlord and particular purposes for which Tenant Actintends to use the Properties in entering into this Lease. Tenant shall not assign, R.C. 1980transfer, Chapter 232 convey, pledge or mortgage this Lease or any amendments thereto, or similar enactments in force now or in the future, the Lessee shall not assign this lease or sub-let or part with possession of all or any part of the interest herein demised premises or permit the assignment of any licensee direct or concessionaire to conduct business on the herein demised premises indirect interest in Tenant, whether by operation of law or a portion thereof otherwise, without the prior written consent of the LessorLandlord, which consent may not be unreasonably withheld; withheld or delayed provided that, among other reasonable factors that if the Tenant is a corporation, the transfer of the majority of the stock of the corporation or the transfer or issuance of any of the stock of the corporation sufficient to transfer control of the corporation to others than the immediate families of the then present shareholders shall be deemed substantial violation of the foregoing clause respecting assignment or sublease unless the prior written consent of the Landlord is first obtained. If the tenant shall assign this Lease, the Landlord may collect rent and any other sums from the assigneeconsider in deciding whether to grant its consent, and apply the net amount collected to the rent and other amounts payable hereunder but no such assignment shall be deemed a waiver of this covenant or the acceptance of the assignee. All requests to the landlord for consent to assigning this Lease or subletting or parting with the possession of all or part of the herein demised premises shall be made to the Landlord in writing together with such information in writing as a Landlord might reasonably require respecting a proposed assigneemay consider, including without limitation, the name address, nature following: (i) the financial strength of business experience and responsibility and financial responsibility, standing and background of such the proposed assignee andincluding its EBITDAR and tangible net worth, in (ii) its operating history and management experience, and (iii) total number of restaurants operated by the event that assignee. Tenant shall provide to Landlord such information regarding the proposed assignee is a corporation, similar information respecting the principal shareholders of such corporation. Any assignee, sub-tenant, licensee or concessionaire approved by the as Landlord shall be bound by all reasonably request. At the terms, conditions, covenants, provisos, and agreements time of any assignment of this Lease and shall, at the request of the Landlord, execute a covenant to such effect. The Landlord shall have the right to require the execution of such covenant as a prior condition before the granting of consent to assignment or parting with possession of all or part of the herein demised premises. In the event of an assignment consented to which is approved by the Landlord, the assignee shall assume all of the obligations of Tenant under this Lease pursuant to a written assumption agreement in form and substance reasonably acceptable to Landlord. Such assignment of the Properties pursuant to this Section 14.01 shall nonetheless remain responsible not relieve Tenant of its obligations respecting this Lease unless otherwise agreed to by Landlord in the exercise of its absolute discretion. Any assignment, transfer, conveyance, pledge or mortgage in violation of this Section 14.01 shall be voidable at the sole option of Landlord. Any consent to an assignment given by Landlord for the fulfillment of all obligations created by this Leasehereunder shall not be deemed a consent to any subsequent assignment.

Assignment by Tenant. Notwithstanding Tenant shall not, without obtaining the provisions prior written consent of Section 23 of the Landlord and Tenant ActLandlord, R.C. 1980assign, Chapter 232 convey, mortgage or otherwise transfer this Lease or any amendments theretointerest hereunder, or similar enactments in force now sublet the Premises or any part thereof. A change in the future, ownership of Tenant which results in a change in the Lessee control of Tenant shall not be deemed to be an assignment within the meaning of this Section. Tenant shall by notice in writing advise Landlord of any request to assign this lease Lease or sub-let or part with possession of to sublet all or any part of the herein demised premises or permit any licensee or concessionaire to conduct business on the herein demised premises or a portion thereof without the prior written consent Premises. Tenant's notice shall include all of the Lessor, which consent may not be unreasonably withheld; provided that if terms of and consideration for the Tenant is a corporationproposed assignment or sublease, the transfer proposed effective date, the name and address of the majority proposed assignee or subtenant and a true and complete copy of the stock of the corporation or the transfer or issuance of any of the stock of the corporation sufficient to transfer control of the corporation to others than the immediate families of the then present shareholders shall be deemed substantial violation of the foregoing clause respecting proposed assignment or sublease unless the prior written consent of the Landlord is first obtained. If the tenant shall assign this Lease, the Landlord may collect rent and any other sums from related agreements. In the assignee, and apply the net amount collected to the rent and other amounts payable hereunder but no such event of a proposed assignment shall be deemed a waiver of this covenant or the acceptance of the assignee. All requests to the landlord for consent to assigning this Lease or subletting or parting with the possession a sublease of all or part more than 30% of the herein demised premises shall be made to the Landlord in writing together with such information in writing as a Landlord might reasonably require respecting a proposed assignee, including without limitation, the name address, nature of business experience and responsibility and financial responsibility, standing and background of such proposed assignee and, in the event that such proposed assignee is a corporation, similar information respecting the principal shareholders of such corporation. Any assignee, sub-tenant, licensee or concessionaire approved by the Landlord shall be bound by all the terms, conditions, covenants, provisos, and agreements of this Lease and shall, at the request floor area of the LandlordBuilding, execute a covenant to such effect. The Landlord shall have the right to require terminate this Lease as of the execution of proposed effective date stated in Tenant's notice by giving written notice thereof to Tenant within 30 days after Tenant's notice. If Landlord does not exercise such covenant as a prior condition before the granting of termination right, or if it is not applicable, Landlord will not unreasonably withhold its consent to Tenant's proposed assignment or parting with possession subletting to the party identified in Tenant's notice. If Landlord consents to any such assignment or subletting, Tenant shall pay to Landlord any profit derived by Tenant from such assignment or subletting. Profit shall be deemed to include the amount paid or payable to Tenant to enter into any such transaction and the amount of all rent or part other consideration payable by the assignee or sublessee in excess of the herein demised premisesRent payable by Tenant under this Lease, computed in the case of a partial sublease on a per square foot of rentable Building floor area basis. In the event The profit due Landlord shall be paid to Landlord within 10 days after receipt thereof by Tenant. If Landlord shall consent to such assignment or sublease, no such consent shall be deemed a release of an assignment consented Tenant or any guarantor, each of whom shall continue to by the Landlordbe jointly, the Tenant shall nonetheless remain responsible to the Landlord severally, unconditionally and primarily liable for the fulfillment payment and performance of all obligations created hereunder with the assignee or sublessee. Consent by Landlord to one assignment of this LeaseLease or to one subletting shall not be a waiver of Landlord's rights under this Section as to any subsequent assignment or subletting. Landlord's reasonable costs, including without limitation attorney's fees, for review of any assignment documentation shall be paid by Tenant.

Assignment by Tenant. Notwithstanding the provisions of Section 23 of the Landlord and Except for Permitted Transfers, Tenant Act, R.C. 1980, Chapter 232 or any amendments thereto, or similar enactments in force now or in the future, the Lessee shall not assign or transfer this lease Lease or sub-let or part with possession of all or sublet any part portion of the herein demised premises Premises, whether voluntarily or permit any licensee or concessionaire to conduct business on the herein demised premises or a portion thereof by operation of law, without the prior written consent approval of the LessorLandlord, which consent may approval shall not be unreasonably withheld; provided that , conditioned or delayed. Landlord’s approval shall be granted if the following items are fulfilled: (a) the proposed assignee or subtenant is subject to all the terms, covenants and conditions of this Lease and agrees to assume the obligations of Tenant under this Lease; (b) the proposed assignee or subtenant and its guarantors as required by Landlord shall have a total financial worth that is a corporationequal to or greater than the financial worth of Tenant and reasonable evidence of this financial worth has been provided to Landlord or is publicly available; (c) the proposed assignee or subtenant is not negotiating with Landlord to lease space at other property owned Minnetonka, Minnesota by Landlord or any other entity that is related to or an affiliate of Landlord; (d) the transfer proposed assignee or subtenant will not materially alter the operation and use of the majority Premises in the reasonable opinion of Landlord; (e) the use of the stock of Premises by the corporation proposed assignee or subtenant will not violate any then existing agreement affecting the transfer Premises; (f) the proposed assignee or issuance subtenant is not in default of any of other lease or agreement with Landlord; (g) Tenant shall remain primarily responsible and liable for all obligations under this Lease; and (h) Tenant and the stock of the corporation sufficient to transfer control of the corporation to others than the immediate families of the then present shareholders proposed assignee or subtenant shall be deemed substantial violation of the foregoing clause respecting execute an assignment or sublease reasonably acceptable to Landlord that incorporates the terms of this Section. Notwithstanding anything in this Lease to the contrary, the issuance, transfer or sale of stock in Tenant shall not be deemed an assignment or transfer of lease. Tenant shall provide Landlord with notice of any assignment or sublease prior to consummation (or for Permitted Transfers where confidentiality requirements prohibit advance notice, as soon as reasonably practicable thereafter). No lease assignment, sublease or other transfer by Tenant shall relieve assignor Tenant of its liability to Landlord under this Lease unless the prior written consent of the Landlord is first obtained. If the tenant shall assign Landlord, in its sole discretion, agrees in writing to release Tenant from liability under this Lease. Tenant shall pay all reasonable attorneys’ fees incurred by Landlord with respect to any assignment or sublease, whether or not approved by Landlord, not to exceed $2,000. Notwithstanding the Landlord foregoing, Tenant may collect rent and any other sums from the assignee, and apply the net amount collected to the rent and other amounts payable hereunder but no such assignment shall be deemed a waiver of this covenant or the acceptance of the assignee. All requests to the landlord for consent to assigning assign this Lease or subletting or parting with the possession of sublet its interest in all or part of the herein demised premises shall be made Premises (a “Permitted Transfer”) to the Landlord in writing together with such information in writing as following types of entities (a Landlord might reasonably require respecting a proposed assignee“Permitted Transferee”) without the written consent of Landlord, including without limitation, provided that the name address, nature total financial worth of business experience and responsibility and financial responsibility, standing and background of such any proposed assignee and, in the event that such proposed assignee is a corporation, similar information respecting the principal shareholders of such corporation. Any assignee, sub-tenant, licensee or concessionaire approved by the Landlord shall be bound by all the terms, conditions, covenants, provisos, and agreements subtenant plus any guarantors of this Lease shall be equal to or greater than the financial worth of Tenant and shall, at the request reasonable evidence of the Landlord, execute a covenant this financial worth has been provided to such effect. The Landlord shall have the right to require the execution of such covenant as a prior condition before the granting of consent to assignment or parting with possession of all or part of the herein demised premises. In the event of an assignment consented to by the Landlord, the Tenant shall nonetheless remain responsible to the Landlord for the fulfillment of all obligations created by this Lease.is publicly available:

Assignment by Tenant. Notwithstanding the provisions of Section 23 of the Landlord and Tenant Actshall not assign, R.C. 1980mortgage, Chapter 232 pledge, hypothecate or any amendments theretootherwise transfer Tenant’s interest in or under this Lease, or similar enactments in force now whole or in the futurepart, the Lessee shall not assign this lease nor sublet or sub-let or part with possession permit occupancy by any party other than Tenant of all or any part of the herein demised premises or permit any licensee or concessionaire to conduct business on the herein demised premises or a portion thereof Premises, without the prior written consent of the LessorLandlord in each instance, which consent may be granted or withheld in Landlord’s sole discretion. No assignment or subletting by Tenant shall relieve Tenant of any obligation under this Lease, including Tenant’s obligation to pay Rent hereunder. Any purported assignment or subletting contrary to the provisions hereof without consent shall be void. The consent by Landlord to any assignment or subletting shall not be unreasonably withheld; provided that if constitute a waiver of the necessity for such consent to any subsequent assignment or subletting. As Additional Rent hereunder, Tenant shall reimburse Landlord for reasonable legal and other expenses incurred by Landlord in connection with any request by Tenant for consent to assignment or subletting. If Tenant is a corporation, partnership or other entity and if at any time during the transfer term of this lease the person or entity owning a majority of either the stock of the corporation outstanding voting rights or the transfer or issuance outstanding ownership interests of any of the stock of the corporation sufficient to transfer control of the corporation to others than the immediate families of the then present shareholders shall be deemed substantial violation of the foregoing clause respecting assignment or sublease unless the prior written consent of the Landlord is first obtained. If the tenant shall assign this Lease, the Landlord may collect rent and any other sums from the assignee, and apply the net amount collected to the rent and other amounts payable hereunder but no such assignment shall be deemed a waiver of this covenant or the acceptance of the assignee. All requests to the landlord for consent to assigning this Lease or subletting or parting with the possession of all or part of the herein demised premises shall be made to the Landlord in writing together with such information in writing as a Landlord might reasonably require respecting a proposed assignee, including without limitation, the name address, nature of business experience and responsibility and financial responsibility, standing and background of such proposed assignee and, in the event that such proposed assignee is a corporation, similar information respecting the principal shareholders of such corporation. Any assignee, sub-tenant, licensee or concessionaire approved by the Landlord shall be bound by all the terms, conditions, covenants, provisos, and agreements of this Lease and shall, Tenant at the request time of the Landlord, execute a covenant to such effect. The Landlord shall have the right to require the execution of this lease cease to own a majority of such covenant as voting rights or ownership interests or otherwise lose control, then such loss of a prior condition before majority of such voting rights or ownership interests or control is deemed to be an assignment of this lease by Tenant and, therefore, subject in all respects to the granting provisions of consent to assignment or parting with possession of all or part this Section 12. The previous sentence does not apply, however, if at the time of the herein demised premises. In execution of this lease, Tenant is a corporation and the event outstanding voting shares of an assignment consented to by the Landlord, the capital stock of Tenant shall nonetheless remain responsible to the Landlord for the fulfillment of all obligations created by this Leaseare listed on a recognized security exchange or over-the-counter market.

Assignment by Tenant. Notwithstanding the provisions of Section 23 of the Landlord and Except as otherwise provided below for Permitted Transfers, Tenant Act, R.C. 1980, Chapter 232 shall not (a) assign (whether directly or indirectly) or in any manner transfer or assign this Lease or any amendments theretoestate or interest therein; (b) allow this Lease to be assigned, or similar enactments in force now whole or in part, by operation of law; (c) mortgage or pledge the future, Lease; or (d) sublet the Lessee shall not assign this lease or sub-let or part with possession of all Property or any part of the herein demised premises or permit any licensee or concessionaire to conduct business on the herein demised premises or a portion thereof without the prior written consent of the LessorLandlord, which consent may shall not be unreasonably withheld; provided that if the Tenant is a corporation, the transfer of the majority of the stock of the corporation conditioned or the transfer or issuance of any of the stock of the corporation sufficient to transfer control of the corporation to others than the immediate families of the then present shareholders shall be deemed substantial violation of the foregoing clause respecting assignment delayed. Any purported assignment, mortgage, transfer, pledge, or sublease unless made without the prior written consent of Landlord shall be absolutely null and void. Tenant agrees to reimburse Landlord for Landlord’s reasonable attorney’s fees incurred in conjunction with the processing and documentation of any such requested consent which shall not exceed $1,500.00. Tenant shall also pay to Landlord is first obtaineda $1,000.00 administrative fee per sublease or assignment request. If Consent by Landlord to one or more assignments or sublettings shall not operate as a waiver of Landlord’s rights as to any subsequent assignments or sublettings. Notwithstanding any assignment or subletting to which Landlord may consent, Tenant shall at all times remain fully responsible and liable for the tenant shall assign payment of the Rent herein specified and for compliance with all of its other obligations under this Lease. No assignment of this Lease shall be effective and valid unless and until the assignee executes and delivers to Landlord any and all documentation reasonably required by Landlord in order to evidence assignee’s assumption of all obligations of Tenant hereunder. Regardless of whether or not an assignee or sublessee executes and delivers any such documentation to Landlord, any assignee or sublessee shall be deemed to have automatically attorned to Landlord in the Landlord may collect rent event of any termination of this Lease. The term “sublet” shall be deemed to include the granting of licenses, concessions, and any other sums from rights of occupancy of any portion of the assigneeProperty. Notwithstanding anything herein to the contrary, Tenant may sublet or rent (or permit the use or occupancy thereof) the Property or the Building, or any part thereof, or assign this Lease without the prior written consent of or prior notice to Landlord: (i) to an entity or person that has purchased substantially all of the assets of Tenant; (ii) to a subsidiary, affiliate, entity or person that directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with Tenant and has a tangible net worth equal to or greater than the net worth of Tenant at the time of the transfer; (iii) to a surviving entity after merger, consolidation, non-bankruptcy reorganization (if the surviving entity has a net worth as provided in (ii) above), or governmental action (collectively, a “Permitted Transfer” and each such entity or person, a “Permitted Transferee”). For this Section 14.1, “control” (and its derivatives) means the possession, directly or indirectly, or as trustee or executor, of the power to direct or cause the direction of the management and policies of a person, whether through ownership of voting equity interests, as trustee or executor, by contract or credit arrangements or otherwise. Tenant shall provide Landlord with notice of any Permitted Transfer and in the case of a non-bankruptcy reorganization the evidence of the net worth of the intended transferee, and apply the net amount collected updated insurance policies, within seven (7) days after any Permitted Transfer. Landlord shall look solely to the rent Permitted Transferee for the performance of Tenant’s obligations hereunder and other amounts payable hereunder but no such assignment Tenant, if not the surviving Permitted Transferee, shall be deemed a waiver of this covenant or the acceptance of the assignee. All requests to the landlord for consent to assigning this Lease or subletting or parting with the possession of all or part of the herein demised premises shall be made to the Landlord in writing together with such information in writing as a Landlord might reasonably require respecting a proposed assignee, including without limitation, the name address, nature of business experience and responsibility and financial responsibility, standing and background of such proposed assignee and, in the event that such proposed assignee is a corporation, similar information respecting the principal shareholders of such corporation. Any assignee, sub-tenant, licensee or concessionaire approved by the Landlord shall be bound by all the terms, conditions, covenants, provisos, and agreements of this Lease and shall, at the request of the Landlord, execute a covenant to such effect. The Landlord shall have the right to require the execution of such covenant as a prior condition before the granting of consent to assignment or parting with possession of all or part of the herein demised premisesreleased. In the event of an assignment consented to by a Permitted Transfer and Tenant is not the Landlordsurviving Permitted Transferee, the Tenant shall nonetheless remain responsible within thirty (30) days of the effective date of the Permitted Transfer replace or substitute or cause the Permitted Transferee to issue a replacement Letter of Credit in compliance with the Landlord for terms hereof effective the fulfillment date of all obligations created by this Leasethe Permitted Transfer.

Assignment by Tenant. Notwithstanding the provisions of Section 23 of the Landlord and Tenant Act, R.C. 1980, Chapter 232 or any amendments thereto, or similar enactments in force now or in the future, the Lessee shall not assign or in any manner transfer or encumber this lease Lease or sub-let the Leased Premises or part with possession any interest in or of the same, nor sublet all or any part of the herein demised premises Leased Premises, nor permit occupancy by anyone with, through or permit any licensee or concessionaire to conduct business on the herein demised premises or a portion thereof under it, without the prior previous written consent of the Lessor, Landlord which consent may will not be unreasonably withheld; provided that if the Tenant is a corporation, the transfer . Consent by Landlord to one or more assignment of this Lease or to one or more subletting of the majority of the stock of the corporation or the transfer or issuance of any of the stock of the corporation sufficient to transfer control of the corporation to others than the immediate families of the then present shareholders Leased Premises shall be deemed substantial violation of the foregoing clause respecting assignment or sublease unless the prior written consent of the Landlord is first obtained. If the tenant shall assign this Lease, the Landlord may collect rent and any other sums from the assignee, and apply the net amount collected to the rent and other amounts payable hereunder but no such assignment shall be deemed not operate as a waiver of Landlord's rights under this covenant Section 27 to any subsequent assignment or subletting. This prohibition includes any subletting, assignment or transfer which would otherwise occur by operation of law. Notwithstanding the acceptance of foregoing, Tenant may, without Landlord's consent, sublease the assignee. All requests Leased Premises to any company owned and controlled by Tenant provided any such sublease shall be subject to the landlord for consent to assigning this Lease or subletting or parting with the possession of all or part of the herein demised premises shall be made to the Landlord in writing together with such information in writing as a Landlord might reasonably require respecting a proposed assignee, including without limitation, the name address, nature of business experience and responsibility and financial responsibility, standing and background of such proposed assignee and, in the event that such proposed assignee is a corporation, similar information respecting the principal shareholders of such corporation. Any assignee, sub-tenant, licensee or concessionaire approved by the Landlord shall be bound by all the terms, conditions, covenants, provisos, and agreements terms of this Lease and shallfurther provided that any sublease shall not relieve, at limit or release Tenant from any liability to Landlord hereunder for the request full and timely performance of this Lease. No assignment or subletting shall release Tenant or any guarantor of this Lease of any of its obligations under this Lease or be construed or taken as a waiver of any of Landlord's rights or remedies pursuant to this Lease. Landlord and Tenant agree that the absence of any one of the Landlordfollowing factors, execute a covenant to such effect. The Landlord shall have or any other reasonable factor, may be reasonable grounds for denying the right to require the execution of such covenant as a prior condition before the granting of consent to assignment or parting with possession of all or part of the herein demised premises. In the event of an assignment consented to by the Landlord, the Tenant shall nonetheless remain responsible to the Landlord for the fulfillment of all obligations created by this Lease.Tenant's request:

Assignment by Tenant. Notwithstanding the provisions of Section 23 of the Landlord and Tenant Act, R.C. 1980, Chapter 232 or any amendments thereto, or similar enactments in force now or in the future, the Lessee shall will not assign this lease or sub-let or part with possession of all Lease or any part of the herein demised premises or permit any licensee or concessionaire to conduct business on the herein demised premises or a portion thereof interest in this Lease without the prior written consent of the LessorLandlord, which consent may not be unreasonably withheld; withheld in its reasonable discretion. At the Landlord’s option, any attempted transfer without said prior written approval shall be void, ab initio, shall be of no force and effect, and shall confer no rights on or in favor of third parties, provided that if the Tenant is a corporation, the transfer of the majority of the stock of the corporation or the transfer or issuance of any of the stock of the corporation sufficient to transfer control of the corporation to others than the immediate families of the then present shareholders shall be deemed substantial violation of the foregoing clause respecting assignment or sublease unless the prior written consent of the Landlord is first obtained. If the tenant shall assign this Leasemay, the Landlord may at its option, collect rent and from any other sums from the assignee, such transferee and apply the net amount collected to the rent and other amounts payable hereunder Rent due from Tenant hereunder, but no such assignment collection shall be deemed a waiver of this covenant such violation, or the acceptance of such transferee as a tenant, or a release of Tenant from the assignee. All requests to further performance by Tenant of covenants on the landlord for consent to assigning this Lease or subletting or parting with the possession of all or part of the herein demised premises Tenant set forth in this Lease. Tenant shall be made give written notice to the Landlord in writing together with such information in writing as a Landlord might reasonably require respecting a proposed assignee, including without limitation, of the name addressand address of any proposed assignee and any other information reasonably requested by Landlord regarding such proposed assignee and any documents of assignment as Landlord may reasonably request. Landlord shall, nature within thirty (30) days from the date of business experience and responsibility and financial responsibilityreceipt from Tenant of such notice, standing and background give notice to Tenant of Landlord’s approval or disapproval of such proposed assignee and, assignment. Where Landlord has given such approval to Tenant to transfer Tenant’s interest in the event that Lease, such proposed assignee is a corporation, similar information respecting the principal shareholders of such corporation. Any assignee, sub-tenant, licensee or concessionaire approved by the Landlord transfer shall be bound by all effective upon compliance with the terms, following conditions, covenants, provisos, and agreements of this Lease and shall, at the request of the Landlord, execute a covenant to such effect. The Landlord shall have the right to require the execution of such covenant as a prior condition before the granting of consent to assignment or parting with possession of all or part of the herein demised premises. In the event of an assignment consented to by the Landlord, the Tenant shall nonetheless remain responsible to the Landlord for the fulfillment of all obligations created by this Lease.:

Assignment by Tenant. Notwithstanding the provisions of Section 23 of the Landlord and Tenant Actshall not, R.C. 1980, Chapter 232 or any amendments thereto, or similar enactments in force now or in the future, the Lessee shall not assign this lease or sub-let or part with possession of all or any part of the herein demised premises or permit any licensee or concessionaire to conduct business on the herein demised premises or a portion thereof without the prior written consent of the LessorLandlord, which consent may shall not be unreasonably withheld, delayed or conditioned, (i) transfer, pledge, mortgage or assign this Lease or any interest hereunder; provided that if (ii) permit any assignment of this Lease by voluntary act, operation of law or otherwise; (iii) sublet the Tenant is a corporation, Premises or any part thereof; or (iv) permit the transfer regular use of the majority Premises by any parties other than Tenant, its affiliates, agents and employees. Tenant shall seek such written consent of Landlord by a written request therefore delivered to Landlord at least thirty (30) days prior to such assignment or subletting. Tenant's notice shall include (i) all of the stock terms of the corporation proposed assignment or sublease, (ii) the transfer or issuance of any consideration therefor, and (iii) the name and address of the stock proposed assignee or subtenant. Tenant shall attach a true and complete copy of the corporation sufficient to transfer control of the corporation to others than the immediate families of the then present shareholders shall be deemed substantial violation of the foregoing clause respecting proposed assignment or sublease unless to such notice. Tenant shall also provide to Landlord such additional information regarding such assignment or subletting as Landlord reasonably deems necessary. In making Landlord's determination as to whether to consent to any proposed sublease or to any proposed assignment of this Lease, it shall be reasonable for Landlord to take into consideration, without limitation by enumeration, the following factors: (i) the business reputation and credit worthiness of the proposed subtenant or assignee; (ii) the estimated increased pedestrian and vehicular traffic on the Premises and to the Facility which would be generated by the proposed subtenant or assignee; and (iii) the proposed use to be made of the Premises. Notwithstanding the foregoing, Tenant may assign this Lease without Landlord's prior written consent and without release of Tenant from liability under this Lease to any entity controlling, controlled by, under common control with Tenant or any entity that acquires Tenant or Tenant's subsidiary that is the user of the Landlord is first obtained. If the tenant shall assign this Lease, the Landlord may collect rent and any other sums from the assignee, and apply the net amount collected to the rent and other amounts payable hereunder but no such assignment shall be deemed a waiver of this covenant Premises or the acceptance substantially all of the assignee. All requests to assets of Tenant or Tenant's subsidiary that is the landlord for consent to assigning this Lease or subletting or parting with the possession of all or part user of the herein demised premises shall be made to the Landlord in writing together with such information in writing as Premises (collectively, a Landlord might reasonably require respecting a proposed assignee, including without limitation, the name address, nature of business experience and responsibility and financial responsibility, standing and background of such proposed assignee and, in the event that such proposed assignee is a corporation, similar information respecting the principal shareholders of such corporation. Any assignee, sub-tenant, licensee or concessionaire approved by the Landlord shall be bound by all the terms, conditions, covenants, provisos, and agreements of this Lease and shall, at the request of the Landlord, execute a covenant to such effect. The Landlord shall have the right to require the execution of such covenant as a prior condition before the granting of consent to assignment or parting with possession of all or part of the herein demised premises. In the event of an assignment consented to by the Landlord, the "Tenant shall nonetheless remain responsible to the Landlord for the fulfillment of all obligations created by this LeaseAffiliate").