Common use of Consent of Prime Landlord Clause in Contracts

Consent of Prime Landlord. (i) This Sublease is subject to the consent of both Prime Landlord and Bank of America, N.A. (the “Mortgagee”) to this Sublease in accordance with or as required by the terms of the Prime Lease and the existing mortgage upon the Real Property and/or Building and any subordination, non-disturbance and attornment agreement executed in connection therewith, including, without limitation, the SNDA (collectively, the “Mortgage”), and shall have no effect until both Prime Landlord and Mortgagee, if required, shall have given their written consent to this Sublease in a form reasonably satisfactory to Sublandlord and Subtenant (the “Consent”). In connection therewith, Subtenant shall furnish all information pertaining to the Subtenant requested by Prime Landlord or Mortgagee and reasonably cooperate with Sublandlord in its efforts to obtain the Consent from Prime Landlord and Mortgagee, to the extent such information has not already been provided to Sublandlord. Sublandlord shall have no obligation to pay any fee or charge of any nature whatsoever not specifically required to be paid under the Prime Lease in connection with or as a condition to obtaining such Consent and shall suffer and incur no liability to Subtenant for its failure to obtain such Consent. Notwithstanding anything in this Section 11(g) to the contrary, if the Consent of Prime Landlord and Mortgagee, if applicable and required, is not fully executed and received by all parties within ten (10) days after the Effective Date of this Sublease, Sublandlord and Subtenant shall, until such time as the Consent hereto is received, have the right to terminate this Sublease upon notice to the other, in which event any amounts paid by Subtenant to Sublandlord hereunder shall be returned to Subtenant and neither party hereto shall thereafter have any further obligations to the other in respect of this Sublease, except for any obligations which expressly or by their nature survive such termination.

Consent of Prime Landlord. (i) This Sublease is subject to shall not be an effective, binding and enforceable agreement as between the parties hereto until Prime Landlord executes the consent of both Prime Landlord and Bank of America, N.A. (the “Mortgagee”) form attached to this Sublease in accordance with or as required by the terms of the Prime Lease and the existing mortgage upon the Real Property and/or Building and any subordination, non-disturbance and attornment agreement executed in connection therewith, including, without limitation, the SNDA (collectively, the “Mortgage”), and shall have no effect until both Prime Landlord and Mortgagee, if required, shall have given their written consent to this Sublease in made a form reasonably satisfactory to Sublandlord and Subtenant (the “Consent”)part hereof. In connection therewith, Subtenant shall furnish all information pertaining to the Subtenant requested by Prime Landlord or Mortgagee and reasonably cooperate with Sublandlord in its efforts to obtain the Consent from Prime Landlord and Mortgagee, to the extent such information has not already been provided to Sublandlord. Sublandlord shall have no obligation to pay any fee or charge of any nature whatsoever not specifically required to be paid under the Prime Lease in connection with or as a condition to obtaining such Consent and shall suffer and incur no liability to Subtenant for its failure to obtain such Consent. Notwithstanding anything in this Section 11(g) to the contrary, if the Consent of Prime Landlord and Mortgagee, if applicable and required, is not fully executed and received by all parties within ten (10) days after the Effective Date Following Tenant's execution of this Sublease, Sublandlord and Subtenant shallLandlord shall request the written consent by Prime Landlord to this Sublease. The signature of the Prime Landlord on the consent form at the end of this document shall constitute its consent to the terms of this Sublease. Landlord makes no representation with respect to obtaining the required consents, until and, in the event that Prime Landlord notifies Landlord that it will not give such time as consent, Landlord will notify Tenant and, upon receipt of such notification by Landlord of the Consent hereto is receiveddisapproval by Prime Landlord, have the right to terminate this Sublease upon notice to the other, in which event any amounts paid by Subtenant to Sublandlord hereunder shall be returned to Subtenant deemed null and neither party hereto void and without force or effect, and Landlord and Tenant shall thereafter have any no further obligations or liabilities to the other in with respect of to this Sublease. Whenever in this Sublease Tenant is required to obtain Landlord's consent or approval, except for Tenant understands that Landlord may be required to first obtain the consent or approval of Prime Landlord. If Prime Landlord shall refuse such consent or approval, Landlord shall be released of any obligations which expressly obligation to grant its consent or by their nature survive such terminationapproval whether or not Prime Landlord's refusal, in Tenant's opinion, is arbitrary or unreasonable.

Consent of Prime Landlord. (ia) This Sublease is subject to the consent of both Prime Landlord and Bank of America, N.A. (the “Mortgagee”) to this Sublease in accordance with or as required by the terms of the Prime Lease and the existing mortgage upon the Real Property and/or Building and any subordination, non-disturbance and attornment agreement executed in connection therewith, including, without limitation, the SNDA (collectively, the “Mortgage”), and shall have no effect until both Prime Landlord shall have given its consent in the form required by Prime Landlord and Mortgageethis Sublease is executed by and delivered to both Sublandlord and Subtenant. Upon execution and delivery of this Sublease by both parties, if required, Sublandlord shall have given their written seek Prime Landlord’s consent to this Sublease in a form reasonably satisfactory to Sublandlord and Subtenant (the “Consent”)Sublease. In connection therewith, Subtenant shall furnish all information pertaining to the Subtenant requested by Prime Landlord or Mortgagee pursuant to the terms of the Prime Lease and reasonably cooperate with Sublandlord in its efforts to obtain the Consent written consent to this Sublease from Prime Landlord and Mortgagee, to the extent such information has not already been provided to SublandlordLandlord. Sublandlord shall have no obligation to pay any fee or charge of any nature whatsoever not specifically required to be paid under the Prime Lease in connection with or as a condition to obtaining such Consent consent and shall suffer and incur no liability to Subtenant for its failure to obtain such Consentconsent. Notwithstanding anything in this Section 11(g) Sublease to the contrary, if the Consent consent of Prime Landlord and Mortgagee, if applicable and required, is not fully executed and received by all parties within ten thirty (1030) days after the Effective Date of this Subleaseexecution and delivery hereof, either Sublandlord and or Subtenant shall, until such time as the Consent Prime Landlord’s consent hereto is received, have the right to terminate this Sublease upon notice to the other, in which event any amounts paid by Subtenant to Sublandlord hereunder shall be returned to Subtenant Subtenant, and neither party hereto shall thereafter have any further obligations to the other in respect of this Sublease, except for any obligations which expressly or by their nature survive such termination.

Consent of Prime Landlord. (i) This Sublease Amendment is subject to the consent of both Prime Landlord and Bank of America, N.A. (the “Mortgagee”) to this Sublease Amendment in accordance with or as required by the terms of the Prime Lease and the existing mortgage upon the Real Property and/or Building and any subordinationand, non-disturbance and attornment agreement executed in connection therewithexcept for this paragraph, including, without limitation, the SNDA (collectively, the “Mortgage”), and shall have no effect until both Prime Landlord and Mortgagee, if required, shall have given their its written consent to this Sublease Amendment in a form reasonably satisfactory to both Sublandlord and Subtenant (the “Consent”), and this Sublease is executed by and delivered to both Sublandlord and Subtenant. In connection therewith, Subtenant shall furnish all information pertaining to the Subtenant requested by Prime Landlord or Mortgagee and reasonably cooperate with Sublandlord in its efforts to obtain the Consent to this Amendment from Prime Landlord and Mortgagee, to the extent such information has not already been provided to SublandlordLandlord. Sublandlord shall have no obligation to pay any fee or charge of any nature whatsoever not specifically required to be paid under the Prime Lease in connection with or as a condition to obtaining such Consent and shall suffer and incur no liability to Subtenant for its failure to obtain such Consent. Notwithstanding anything in this Section 11(g3(f) to the contrary, if the Consent of Prime Landlord and Mortgagee, if applicable and required, is not fully executed and received by all parties within ten thirty (1030) days days, after the Effective Date later of this Sublease(x) the execution and delivery hereof and (y) the receipt by Prime Landlord of all information requested by it in accordance with the request for its Consent hereto pursuant to Section 12.3.2 of the Prime Lease, either Sublandlord and or Subtenant shall, until such time as the Prime Landlord’s Consent hereto is received, have the right to terminate this Sublease Amendment upon notice to the other, in which event any amounts paid by Subtenant to Sublandlord hereunder shall be returned to Subtenant and neither party hereto shall thereafter have any further obligations to the other in respect of this SubleaseAmendment, except for any obligations which expressly or by their nature survive such termination.