Common use of Landlord’s Consent or Termination Clause in Contracts

Landlord’s Consent or Termination. If Tenant wishes to assign this Lease or sublease all or any part of the Premises, Tenant shall give written notice to Landlord identifying the intended assignee or subtenant by name and address and specifying all of the terms of the intended assignment or sublease together with a check for two thousand dollars ($2,000) to cover the attorneys' fees and other costs to be incurred by Landlord in connection with any such request. Tenant shall simultaneously give Landlord such additional information concerning the intended assignee or subtenant (including complete financial statements and a business history) and the intended assignment or sublease (including true copies thereof) as Landlord requests. For a period of thirty (30) days after such written notice is given by Xxxxxx, Landlord shall have the right, by giving written notice to Tenant, (a) to consent in writing to the intended assignment or sublease, (b) in the case of an assignment of this Lease or a sublease in excess of fifty percent (50%) of the RSF of the Premises or in excess of fifty percent (50%) of the balance of the term of this Lease, to terminate this Lease, which termination shall be effective as of the date on which the intended assignment or sublease would have been effective if Landlord had not exercised such termination right or (c) to withhold its consent, provided such consent is not unreasonably withheld. If Landlord fails to notify Tenant of its election within such thirty (30) day period, Landlord will be deemed to have consented to the proposed assignment or, when appropriate, the proposed sublease.

Appears in 2 contracts

Samples: Lease (Wj Communications Inc), Lease (Wj Communications Inc)

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Landlord’s Consent or Termination. If Tenant wishes to assign this Lease or sublease all or any part of the Premises, Tenant shall give written notice to Landlord identifying the intended assignee or subtenant by name and address and specifying all of the terms of the intended assignment or sublease together with a check for two thousand dollars ($2,000) to cover the attorneys' fees and other costs to be incurred by Landlord in connection with any such requestsublease. Tenant shall simultaneously give Landlord such additional information concerning the intended assignee or subtenant (including complete financial statements and a business history) and or the intended assignment or sublease (including true copies thereof) as Landlord requests. For a period of thirty (30) days after such written notice is given by XxxxxxTenant, Landlord shall have the right, by giving written xxxxxxn notice to Tenant, (a) to consent in writing to the intended assignment or sublease, unless Landlord determines not to consent, or (b) in the case of an assignment of this Lease or a sublease in excess of fifty percent (50%) of substantially the RSF of the entire Premises or in excess of fifty percent (50%) of for substantially the balance of the term of this Lease, to terminate this Lease, which termination shall be effective as of the date on which the intended assignment or sublease would have been effective if Landlord had not exercised such termination right or (c) to withhold its consent, provided such consent is not unreasonably withheldright. If Landlord fails elects to notify exercise its termination option under clause (b) above, Tenant may withdraw its request for consent to such assignment or sublease by delivering to Landlord a notice of such withdrawal within three (3) days after receipt of notice from Landlord exercising its election within termination option under clause (b) above, and upon receipt of such thirty (30) day period, Landlord will be deemed to have consented to the proposed assignment or, when appropriatenotice of withdrawal from Tenant, the proposed Lease shall remain in effect without regard to such assignment or sublease.

Appears in 1 contract

Samples: Lease (Sanfilippo John B & Son Inc)

Landlord’s Consent or Termination. If Tenant wishes to assign this Lease or sublease all or any part of the Premises, Tenant shall give written notice to Landlord identifying the intended assignee or or, subtenant by name and address and specifying all of the terms of the intended assignment or sublease together with a check for two one thousand dollars ($2,0001,000.00) to cover the attorneys' fees and other costs to be incurred by Landlord in connection with any such request. Tenant shall simultaneously give Landlord such additional information concerning the intended assignee or subtenant (including complete financial statements and a business history) and the intended assignment or sublease (including true copies thereof) as Landlord requests. For If Tenant proposes to assign the Lease or sublease the entire Premises for the remainder of the Term, Landlord shall have the right, to be exercised by giving written notice to Tenant within ten (10) days after receipt of Tenant’s notice, to either recapture the Premises and thereby terminate this Lease as of a period of date stated in such recapture notice that is not less that thirty (30) days after such written thereafter, or to consent to or refuse consent to the proposed assignment or sublease. If Landlord does not elect to recapture the Premises or if Tenant’s notice is given by Xxxxxxdoes not give Landlord the right to recapture the Premises hereunder, Landlord shall have the right, by giving written notice to Tenant, (a) to consent in writing to the intended assignment or sublease, or (b) in the case of an assignment of this Lease or a sublease in excess of fifty percent (50%) of the RSF of the Premises or in excess of fifty percent (50%) of the balance of the term of this Lease, to terminate this Lease, which termination shall be effective as of the date on which the intended assignment or sublease would have been effective if Landlord had not exercised such termination right or (c) to withhold its consent, provided such consent is not unreasonably withheld. If Landlord fails to notify Tenant of its election within such thirty fifteen (3015) day period, Landlord will be deemed to have consented to the proposed assignment oror sublease. The foregoing right of Landlord to recapture the Premises shall not apply, when appropriatehowever, the proposed subleaseto an assignment or sublease to an Affiliate (as defined in Section 9.7 of this Lease.)

Appears in 1 contract

Samples: Lease (Electro Scientific Industries Inc)

Landlord’s Consent or Termination. If Tenant wishes to assign this --------------------------------- Lease or sublease all or any part of the Premises, Tenant shall give written notice to Landlord identifying the intended assignee or subtenant by name and address and specifying all of the terms of the intended assignment or sublease together with a check for two thousand dollars ($2,000) to cover the attorneys' fees and other costs to be incurred by Landlord in connection with any such requestsublease. Tenant shall simultaneously give Landlord such additional information concerning the intended assignee or subtenant (including complete financial statements and a business history) and the intended assignment or sublease (including true copies thereof) as Landlord requests. For a period of thirty (30) days after such written notice is given by XxxxxxTenant, Landlord shall have the right, by giving written notice to Tenant, (a) to consent in writing to the intended assignment or sublease, (b) in the case of an assignment of this Lease or a sublease in excess of fifty percent (50%) of substantially the RSF of the entire Premises or in excess of fifty percent (50%) of for substantially the balance of the term of this LeaseLease when Landlord's consent is required, to terminate this Lease, which termination shall be effective as of the date on which the intended assignment or sublease would have been effective if Landlord had not exercised such termination right or (c) to withhold its consent, provided such consent is not unreasonably withheld. If Landlord fails to notify Tenant of its election within such thirty (30) day period, Landlord will be deemed to have consented to the proposed assignment or, when appropriate, the proposed sublease.

Appears in 1 contract

Samples: Letter Agreement (Homestore Com Inc)

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Landlord’s Consent or Termination. If Tenant wishes to --------------------------------- assign this Lease or sublease (or license) all or any part of the Premises, Premises Tenant shall give written notice to Landlord identifying the intended assignee or subtenant (licensee) by name and address and specifying all of the terms of the intended assignment or sublease together with a check for two thousand dollars ($2,000) to cover the attorneys' fees and other costs to be incurred by Landlord in connection with any such requestlicense). Tenant shall simultaneously give Landlord such additional information concerning the intended assignee or subtenant (licensee) (including complete financial statements and a business history) and the intended assignment or sublease (license) (including true copies thereof) as Landlord reasonably requests. For Landlord shall not base any refusal to consent upon the quality of a proposed subtenant's (licensee's) financial strength if such subtenant (licensee) is an Affiliate of Tenant or if such subtenant (licensee) has a mutually beneficial business relationship with Tenant, in addition to the real estate transaction relating to the Premises, and the operations of such subtenant (license) on the Premises contribute to such mutually beneficial business relationship. If a request for consent to a subletting (licensing) or assignment is to a person or entity other than an Affiliate of Tenant then for a period of thirty (30) days after such written notice is given by XxxxxxTenant, Landlord shall have the right, by giving written notice to Tenant, (a) to consent in writing to the intended assignment or subleasesublease (license), unless Landlord reasonably determines not to consent, or (b) to terminate this Lease with respect to the areas Tenant wishes to sublease or license (not including areas previously subleased or licensed) if such areas constitute, in the aggregate with other areas therein then subleased or licensed, more than twenty-five percent (25%) of the usable square footage comprising the Premises (and the definition of Premises, the Base Rent, Tenant's Percentage Share and such other provisions as reasonably necessary shall be adjusted accordingly by an amendment to this Lease which Landlord and Tenant shall execute) or terminate the whole Lease in the case of an assignment of this Lease or a sublease in excess of fifty percent (50%) of the RSF of the Premises or in excess of fifty percent (50%) of the balance of the term of this Lease, to terminate this Leaserequest, which termination shall be effective as of the date on which the intended assignment or sublease (license) would have been effective if Landlord had not exercised such termination right or (c) to withhold its consent, provided such consent is not unreasonably withheldright. If Landlord fails exercises its right to notify Tenant terminate this Lease pursuant to this section 9.2 (either with respect to a portion of its election within such thirty (30) day periodthe ----------- Premises or the entire Premises), Landlord will be deemed to have consented shall accept the applicable portion of the Premises in its then current condition provided the then current condition is then in compliance with the terms hereof and that Tenant has performed its obligations with respect to the proposed assignment orcondition of the Premises and Tenant shall not be required to alter, when appropriate, remodel or restore the proposed subleasePremises in accordance with section 7.1(a) hereof; provided that Tenant -------------- shall comply with the other requirements of section 6.3 and Article 7 ----------- --------- hereof.

Appears in 1 contract

Samples: Campus Lease (Monsanto Co /New/)

Landlord’s Consent or Termination. If Tenant wishes to --------------------------------- assign this Lease or sublease (or license) all or any part of the Premises, Premises Tenant shall give written notice to Landlord identifying the intended assignee or subtenant (licensee) by name and address and specifying all of the terms of the intended assignment or sublease together with a check for two thousand dollars ($2,000) to cover the attorneys' fees and other costs to be incurred by Landlord in connection with any such requestlicense). Tenant shall simultaneously give Landlord such additional information concerning the intended assignee or subtenant (licensee) (including complete financial statements and a business history) and the intended assignment or sublease (license) (including true copies thereof) as Landlord reasonably requests. For Landlord shall not base any refusal to consent upon the quality of a proposed subtenant's (licensee's) financial strength if such subtenant (licensee) is an Affiliate of Tenant or if such subtenant (licensee) has a mutually beneficial business relationship with Tenant, in addition to the real estate transaction relating to the Premises, and the operations of such subtenant (license) on the Premises contribute to such mutually beneficial business relationship. If a request for consent to a subletting (licensing) or assignment is to a person or entity other than an Affiliate of Tenant then for a period of thirty (30) days after such written notice is given by XxxxxxTenant, Landlord shall have the right, by giving written notice to Tenant, (a) to consent in writing to the intended assignment or subleasesublease (license), unless Landlord reasonably determines not to consent, or (b) to terminate this Lease with respect to the areas Tenant wishes to sublease or license (not including areas previously subleased or licensed) if such areas constitute, in the aggregate with other areas therein then subleased or licensed, more than twenty-five percent (25%) of the usable square footage comprising the Premises (and the definition of Premises, the Base Rent, Tenant's Percentage Share and such other provisions as reasonably necessary shall be adjusted accordingly by an amendment to this Lease which Landlord and Tenant shall execute) or terminate the whole Lease in the case of an assignment of this Lease or a sublease in excess of fifty percent (50%) of the RSF of the Premises or in excess of fifty percent (50%) of the balance of the term of this Lease, to terminate this Leaserequest, which termination shall be effective as of the date on which the intended assignment or sublease (license) would have been effective if Landlord had not exercised such termination right or (c) to withhold its consent, provided such consent is not unreasonably withheldright. If Landlord fails exercises its right to notify Tenant terminate this Lease pursuant to this section 9.2 (either with respect to a ----------- portion of its election within such thirty (30) day periodthe Premises or the entire Premises), Landlord will be deemed to have consented shall accept the applicable portion of the Premises in its then current condition provided the then current condition is then in compliance with the terms hereof and that Tenant has performed its obligations with respect to the proposed assignment orcondition of the Premises and Tenant shall not be required to alter, when appropriate, remodel or restore the proposed subleasePremises in accordance with section 7.1(a) hereof; provided that Tenant -------------- shall comply with the other requirements of section 6.3 and Article 7 ----------- --------- hereof.

Appears in 1 contract

Samples: Campus Lease (Monsanto Co /New/)

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