Common use of Assignments and Subleases Clause in Contracts

Assignments and Subleases. Tenant may not assign this Lease nor sublet the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, so long as (a) Landlord’s ground lessor and mortgagee consent and Tenant pays all costs associated with such consent; (b) the proposed user’s use of the Leased Premises will not adversely impact on other uses of the building and shall not result in increased wear and tear to the building or increased costs to Landlord; (c) the proposed user’s financial condition is equivalent to or better than that of Tenant at the time of entering into this Lease, as reasonably determined by Landlord; and (d) Tenant remains bound by all provisions of this Lease. This provision applies to both assignments by operation of law and voluntary assignments. Any sale or other transfer of a controlling interest in Tenant in one or more transactions shall, for purposes of this paragraph, be deemed an assignment of this Lease unless the transferee or purchaser continues the business in substantially the same manner. Landlord’s consent to any assignment or sublease shall not be deemed a consent to any subsequent assignment or sublease, nor shall it constitute a waiver or release of Tenant from any Lease covenants or conditions, and Landlord may collect rent and other payments direct from an assignee or subtenant without releasing Tenant from primary responsibility hereunder. Tenant shall pay Landlord all rent or other payments under any permitted assignment or sublease should such rent or payments exceed, on a per square foot basis, the rent or other payments payable under this Lease.

Assignments and Subleases. Section 1: Tenant may shall not assign this Lease nor or any of Tenant’s rights or obligations hereunder, or sublet or permit anyone to occupy the Leased Premises or any part thereof, without the prior written consent of Landlord. Any assignment, which subletting or occupancy, Landlord’s consent thereto or Landlord’s collection or acceptance of rent from any assignee, subtenant or occupant, shall not be unreasonably withheld, so long construed as (a) Landlord’s ground lessor and mortgagee consent and Tenant pays all costs associated with such consent; (b) the proposed user’s use of the Leased Premises will not adversely impact on other uses of the building and shall not result in increased wear and tear to the building or increased costs to Landlord; (c) the proposed user’s financial condition is equivalent to or better than that of Tenant at the time of entering into this Lease, as reasonably determined by Landlord; and (d) Tenant remains bound by all provisions of this Lease. This provision applies to both assignments by operation of law and voluntary assignments. Any sale or other transfer of a controlling interest in Tenant in one or more transactions shall, for purposes of this paragraph, be deemed an assignment of this Lease unless the transferee or purchaser continues the business in substantially the same manner. Landlord’s consent to any assignment or sublease shall not be deemed a consent to any subsequent assignment or sublease, nor shall it constitute a waiver or release of Tenant from liability hereunder (it being understood that Tenant shall at all times remain primarily liable as a principal and not as a guarantor or a surety) and shall not be construed as relieving Tenant or any assignee, subtenant or occupant from the obligation of obtaining Landlord’s prior written consent to any subsequent assignment, subletting or occupancy. All restrictions and obligations imposed pursuant to this Lease covenants on Tenant or conditionsthe use and occupancy of the Premises shall be deemed to extend to any subtenant, assignee or occupant of Tenant, and Landlord may collect rent Tenant shall cause such persons to comply with all such restrictions and other payments direct from an assignee obligations. Tenant shall not mortgage or subtenant without releasing Tenant from primary responsibility hereunderhypothecate this Lease. Tenant shall pay the expenses (including attorneys’ fees and hourly fees for Landlord’s employees and agents) incurred by Landlord all rent in connection with reviewing Tenant’s request for Landlord to give its consent to any assignment, subletting, occupancy or other payments under any permitted assignment mortgage, and Landlord’s receipt of reimbursement for such expenses from Tenant shall be a condition to Landlord providing its consent to such assignment, subletting, occupancy or sublease should such rent or payments exceed, on a per square foot basis, the rent or other payments payable under this Leasemortgage.

Assignments and Subleases. Tenant may not assign this Lease nor sublet Provided Landlord has consented to such assignment or subletting, the Leased Premises without the prior written consent of Landlord, which consent following conditions shall not be unreasonably withheld, so long as apply to such assignment or sublease: (a) Landlord’s ground lessor and mortgagee consent and Tenant pays all costs associated with such consentat the time of the transfer, there is no Event of Default under this Lease; (b) the proposed user’s use of assignment or sublease shall be on the Leased Premises will not adversely impact on other uses of same terms set forth in the building and shall not result in increased wear and tear to the building or increased costs Notice given to Landlord; (c) the proposed user’s financial condition is equivalent to or better than that of Tenant at the time of entering into this Lease, as reasonably determined by Landlord; and (d) Tenant remains bound by all provisions of this Lease. This provision applies to both assignments by operation of law and voluntary assignments. Any sale or other transfer of a controlling interest in Tenant in one or more transactions shall, for purposes of this paragraph, be deemed an assignment of this Lease unless the transferee or purchaser continues the business in substantially the same manner. Landlord’s consent to any no assignment or sublease shall not be deemed a consent to any subsequent valid and no assignee or sublessee shall take possession of the Space until an executed counterpart of the assignment or sublease, nor sublease has been delivered to Landlord; (d) any assignee shall it constitute a waiver or release have assumed in writing the obligations of Tenant from under the Lease with respect to the Space and any Lease covenants or conditionssubtenant shall have agreed in writing to comply with all applicable terms and conditions of this Lease; (e) Tenant shall have executed an agreement reaffirming its liability, acknowledging that any further transfer requires Landlord’s prior written consent, and containing such other provisions as Landlord may collect rent require; and (f) fifty percent (50%) of any sums or other payments direct from an assignee economic consideration received by Tenant as a result of such assignment or subtenant without releasing Tenant from primary responsibility hereunder. Tenant shall pay Landlord all rent subletting (after deducting reasonable leasing commissions, reasonable attorneys fees and rental or other payments received which are attributable to the amortization of the cost of tenant improvements made to the Space by Tenant, at Tenant’s cost) whether denominated rent or otherwise, which exceed, in the aggregate, the total sums which Tenant is obligated to pay Landlord under this Lease (prorated as to any sublease to reflect obligations allocable to that portion of the Premises subject to such sublease) shall be payable to Landlord as additional rent (being the charges specifically set forth in Section 4, and all other amounts and charges payable by Tenant under any permitted assignment or sublease should such rent or payments exceed, on a per square foot basis, the rent or other payments payable provision of this Lease) under this Lease, without affecting or reducing any other obligation of Tenant hereunder.

Assignments and Subleases. Tenant may agrees not to assign this Lease nor sublet or sublease any part of the Leased Premises without the prior written consent of from Landlord, which consent shall not be unreasonably withheld, so long as (a) Landlord’s ground lessor and mortgagee consent and Tenant pays all costs associated with withheld or delayed. Notwithstanding any such consent; (b) the proposed user’s use of the Leased Premises will not adversely impact on other uses of the building and shall not result in increased wear and tear to the building or increased costs to Landlord; (c) the proposed user’s financial condition is equivalent to or better than that of Tenant at the time of entering into this Lease, as reasonably determined by Landlord; and (d) Tenant remains bound by all provisions of this Lease. This provision applies to both assignments by operation of law and voluntary assignments. Any sale or other transfer of a controlling interest in Tenant in one or more transactions shall, for purposes of this paragraph, be deemed an assignment of this Lease unless the transferee or purchaser continues the business in substantially the same manner. Landlord’s consent to any assignment or sublease shall not be deemed a consent to any subsequent assignment or sublease, nor shall it constitute a waiver or release of Tenant from any Lease covenants or conditions, and Landlord may collect rent and other payments direct from an assignee or subtenant without releasing Tenant from primary responsibility hereunder. Tenant shall pay Landlord all rent or other payments under any permitted assignment or sublease should such rent or payments exceed, on a per square foot basis, the rent or other payments payable remains fully liable under this Lease. Landlord’s right to assign this lease or mortgage the Premise is unqualified. Notwithstanding the provisions of this section, without Landlord’s consent (but upon notification to Landlord as described below), Tenant may assign this Lease to an affiliate of Tenant or to any corporation or other entity with which Tenant may merge or consolidate, or to which all or substantially all of Tenant’s assets are sold, including, specifically, a merger, consolidation or asset transfer; so long as the assignee’s proposed use does not violate the terms of this Lease and assignee’s net worth is equal to or greater than the net worth of Guarantor. Further, Tenant shall give Landlord reasonable notice of the transaction and copies of documentation upon which the transaction is based. On any transfer of the Premises in which the transferee assumes all of Landlord’s obligations under this Lease, Landlord shall be freed from all its obligations under this Lease and from liability for any acts or omissions occurring after the conveyance. Tenant agrees to attorn to any such transferee and to sign and deliver, at Landlord’s request, any documents and letters to assist in that transfer; provided, however, such transferee shall recognize, in writing, Tenant’s rights under the Lease and shall not disturb Tenant’s tenancy so long as Tenant is not in default thereunder.

Assignments and Subleases. Tenant may not assign this Lease nor sublet Provided Landlord has consented to such assignment or subletting, the Leased Premises without the prior written consent of Landlord, which consent following conditions shall not be unreasonably withheld, so long as apply to such assignment or sublease: (a) Landlord’s ground lessor and mortgagee consent and Tenant pays all costs associated with such consentat the time of the transfer, there is no Event of Default under this Lease; (b) the proposed user’s use of assignment or sublease shall be on the Leased Premises will not adversely impact on other uses of same terms set forth in the building and shall not result in increased wear and tear to the building or increased costs Notice given to Landlord; (c) the proposed user’s financial condition is equivalent to or better than that of Tenant at the time of entering into this Lease, as reasonably determined by Landlord; and (d) Tenant remains bound by all provisions of this Lease. This provision applies to both assignments by operation of law and voluntary assignments. Any sale or other transfer of a controlling interest in Tenant in one or more transactions shall, for purposes of this paragraph, be deemed an assignment of this Lease unless the transferee or purchaser continues the business in substantially the same manner. Landlord’s consent to any no assignment or sublease shall not be deemed a consent to any subsequent valid and no assignee or sublessee shall take possession of the Space until an executed counterpart of the assignment or sublease, nor sublease has been delivered to Landlord; (d) any assignee shall it constitute a waiver or release have assumed in writing the obligations of Tenant from under the Lease with respect to the Space and any Lease covenants or conditionssubtenant shall have agreed in writing to comply with all applicable terms and conditions of this Lease; and (e) Tenant shall have executed an agreement reaffirming its liability, acknowledging that any further transfer requires Landlord’s prior written consent, and containing such other provisions as Landlord may collect rent require, and (f) fifty percent (50%) of any sums or other payments direct from an assignee economic consideration received by Tenant as a result of such assignment or subtenant without releasing Tenant from primary responsibility hereunder. Tenant shall pay Landlord all rent subletting (after deducting reasonable leasing commissions and rental or other payments under any permitted assignment or sublease should such received which are attributable to the cost of tenant improvements made to the Space by Tenant, at Tenant’s cost) whether denominated rent or payments otherwise, which exceed, on a per square foot basisin the aggregate, the total sums which Tenant is obligated to pay Landlord under this Lease (prorated as to any sublease to reflect obligations allocable to that portion of the Premises subject to such sublease) shall be payable to Landlord as additional rent or other payments payable under this Lease., without affecting or reducing any other obligation of Tenant hereunder..

Assignments and Subleases. The public and community benefits provided by Tenant may not assign this Lease nor sublet the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, so long as (a) Landlord’s ground lessor and mortgagee consent and Tenant pays all costs associated with such consent; (b) the proposed user’s use in its operation of the Leased Premises will not adversely impact on other uses Premises, Tenant’s non-profit status and its particular mission, are an essential part of the building consideration and shall not result in increased wear and tear to the building or increased costs to Landlord; (c) the proposed user’s financial condition is equivalent to or better than that reduced rate of Tenant at the time of entering into this Lease, as reasonably determined by Landlord; and (d) Tenant remains bound by all provisions of Rent for this Lease. This provision applies to both assignments Accordingly, Tenant shall not directly or indirectly (including, without limitation, by operation of law and voluntary assignments. Any sale merger, acquisition or other transfer of a any controlling interest in Tenant Tenant), voluntarily or by operation of law, sell, assign, encumber, pledge or otherwise transfer any part of its interest in one or more transactions shallrights with respect to the Premises or its leasehold estate hereunder (collectively, for purposes an “Assignment”), or permit or license any portion of the Premises to be used or occupied by anyone other than itself, or sublet any portion of the Premises (collectively, “Sublease”), without Landlord’s prior written consent in each instance, which consent may be given or withheld in its sole discretion. Notwithstanding anything to the contrary set forth in this paragraphLease, be deemed an assignment of the Premises shall remain subject to this Lease unless the transferee regardless of any Assignment or purchaser continues the business in substantially the same mannerSublease made at any time or from time to time. Landlord’s consent to any assignment one Assignment or sublease Sublease shall not be deemed a consent to any subsequent assignment Assignments or sublease, nor Subleases. Any Assignment or Sublease made without Landlord’s consent shall it constitute an Event of Default hereunder and shall be voidable at Landlord’s election. In no event will Landlord’s consent to an Assignment or Sublease be deemed to be a waiver or release of Tenant from any Lease covenants as primary obligor hereunder unless expressly evidenced by Landlord in writing. Landlord’s release of Tenant as primary obligor may be given or conditions, and Landlord may collect rent and other payments direct from an assignee or subtenant without releasing Tenant from primary responsibility hereunder. Tenant shall pay Landlord all rent or other payments under any permitted assignment or sublease should such rent or payments exceed, on a per square foot basis, the rent or other payments payable under this Leasewithheld in Landlord’s sole discretion.