Common use of LANDLORD’S CONSENT TO SUBLEASE Clause in Contracts

LANDLORD’S CONSENT TO SUBLEASE. (A) Sublandlord shall, promptly after execution of this Sublease by both parties, submit a copy of same to Landlord and shall use all reasonable efforts to obtain Landlord’s consent to this Sublease; provided, however, that Sublandlord shall not be required to make any payment or commence any action or proceeding in order to obtain Landlord’s consent to this Sublease and shall not in any event be liable to Subtenant for any failure to obtain same (as long as Sublandlord shall have used all reasonable efforts as aforesaid to obtain Landlord’s consent to this Sublease). Subtenant shall fully cooperate with Sublandlord in order to obtain Landlord’s consent to this Sublease, including, but not limited to, promptly supplying such financial, business or other information or documentation as Landlord may reasonably request of Sublandlord in connection with this Sublease. In the event that Landlord’s consent to this Sublease is not obtained within thirty five (35) days after the date of this Sublease, either party may terminate this Sublease at any time prior to the issuance of such consent by giving written notice of termination to the other party. If this Sublease is terminated pursuant to the immediately preceding sentence of this Paragraph 5(i)(A), Sublandlord shall promptly return to Subtenant the first monthly installment of Fixed Rent which was paid by Subtenant pursuant to Paragraph 3(b) above and the Security Deposit which was submitted by Subtenant pursuant to Paragraph 19(a) below and, except as aforesaid, neither party shall have any further obligation to the other party under this Sublease.

Appears in 1 contract

Samples: Agreement of Sublease (Actinium Pharmaceuticals, Inc.)

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LANDLORD’S CONSENT TO SUBLEASE. The undersigned, ZXXXXX-XXXXXXX PLAZA, L.L.C., JPG-LASALLE PLAZA, L.L.C., AURORA-LASALLE PLAZA, LLC, CYGNUS-LASALLE, LLC and HERITAGE INVESTMENT CP, LLC, each a Delaware limited liability company (Acollectively, “Landlord”) Sublandlord shallunder the Oxxxxxxxx described in the attached and foregoing Sublease, promptly after hereby consents to the Sublease on the express condition that: such consent or acceptance of the Sublease shall not be construed as a consent by Landlord to any future assignment of the Oxxxxxxxx or sublease of the Leased Premises: the Sublease may not be amended without the prior written consent of Landlord; any termination of the Oxxxxxxxx shall automatically terminate the Sublease unless otherwise agreed in writing by Landlord; the Sublease shall at all times be subject and subordinate to the terms and provisions of the Oxxxxxxxx; the execution of this Sublease by both parties, submit a copy of same to Landlord and shall use all reasonable efforts to obtain Landlord’s consent to this Sublease; provided, however, that Sublandlord Consent shall not be required create any obligations from Landlord to make any payment or commence any action or proceeding in order Subtenant; Subtenant’s agreement being solely with Sublandlord and not with Landlord; Sublandlord and Subtenant acknowledge and agree that the provisions of Sections II and III of Exhibit E attached to obtain Landlord’s consent the Oxxxxxxxx do not apply to this and are not a part of the Sublease and Sublandlord acknowledges that the Term of Oxxxxxxxx (if not sooner terminated as provided therein) shall not in any event be liable expire on December 31, 2010 with no right or option to Subtenant for any failure to obtain same (as long as Sublandlord shall have used all reasonable efforts as aforesaid to obtain Landlord’s consent to this Sublease). Subtenant shall fully cooperate with Sublandlord in order to obtain Landlord’s consent to this Sublease, including, but not limited to, promptly supplying such financial, business or other information or documentation as Landlord may reasonably request of Sublandlord in connection with this Sublease. In renew the event that Landlord’s consent to this Sublease is not obtained within thirty five (35) days after the date of this Sublease, either party may terminate this Sublease at any time prior Term thereof; and Pursuant to the issuance provisions of such consent by giving written notice Article XIII of termination to the other party. If this Sublease is terminated pursuant to the immediately preceding sentence of this Paragraph 5(i)(A)Oxxxxxxxx, Sublandlord shall promptly return to Subtenant the first monthly installment of Fixed Rent which was paid by Subtenant pursuant to Paragraph 3(b) above reimburse Landlord its costs and the Security Deposit which was submitted by Subtenant pursuant to Paragraph 19(a) below and, except as aforesaid, neither party shall have any further obligation expenses incurred in reviewing and consent to the other party proposed Sublease in the amount of $750.00. Sublandlord and Subtenant execute this document to evidence their agreement to the foregoing conditions, and Subtenant acknowledges that its rights under this Subleasethe Sublease are subject to the terms of the Oxxxxxxxx. [Signature Page Follows] Signature Page to Landlord’s Consent to Sublease LANDLORD: ZXXXXX-XXXXXXX PLAZA, L.L.C. JPG-LASALLE PLAZA, L.L.C. AURORA-LASALLE PLAZA, LLC CYGNUS-LASALLE, LLC HERITAGE INVESTMENT CP, LLC, each a Delaware limited liability company By: ZXXXXX MANAGEMENT CORPORATION, an Illinois corporation, authorized agent By: Name: Title: SUBLANDLORD: MXXXXX (US) INC., a Delaware corporation By: Name: Title: SUBTENANT: SOFTBRANDS MANUFACTURING, INC., a Minnesota corporation By: Name: Title: Exhibit A to Sublease Description of Furniture, Furnishings and Equipment See attached

Appears in 1 contract

Samples: Agreement of Sublease (SoftBrands, Inc.)

LANDLORD’S CONSENT TO SUBLEASE. (A) This Sublease is subject to the consent of the Landlord. Sublandlord shall, promptly after execution of this Sublease by both parties, submit a copy of same to Landlord and Subtenant shall use all commercially reasonable efforts to obtain Landlord’s the consent to this Sublease; provided, however, that Sublandlord shall not be required to make any payment or commence any action or proceeding in order to obtain Landlord’s consent of Landlord to this Sublease and shall not in any event be liable to Subtenant for any failure to obtain same (as long soon as Sublandlord shall have used all reasonable efforts as aforesaid to obtain Landlord’s consent to reasonably possible following execution of this Sublease). At Subtenant's election, Landlord's consent shall include: (a) Landlord's agreement to give Subtenant shall fully cooperate with notice of any material default by Sublandlord under the Master Lease and the right to cure any such default; (b) Landlord's waiver of subrogation for Subtenant's benefit, comparable to that found in order Article 15 of the Master Lease; and (c) Landlord's approval of Subtenant's installation of the signage described in Exhibit 6 to obtain Landlord’s consent to this Sublease, including, but not limited to, promptly supplying such financial, business or other information or documentation as Landlord may reasonably request of Sublandlord in connection with this Sublease. In the event that Landlord’s 's consent to this Sublease is not obtained within thirty five twenty (3520) days after following the date submittal of this SubleaseSublease by Sublandlord to Landlord for consent, either party may each of Sublandlord and Subtenant shall have the right to terminate this Sublease at any time prior to the issuance of such consent by giving providing written notice of termination to the other partyother. If Unless exercised prior thereto, this right of termination hereunder shall expire upon the delivery to Subtenant of Landlord's consent. For purposes of this paragraph, Landlord's consent shall be deemed to have been given as of the date when Landlord's unconditional consent to this Sublease has been obtained, or, in the event such consent is terminated pursuant to conditional, the immediately preceding sentence of this Paragraph 5(i)(A), Sublandlord shall promptly return to Subtenant the first monthly installment of Fixed Rent date upon which was paid such conditions have been fully satisfied or waived by Subtenant pursuant to Paragraph 3(b) above and the Security Deposit which was submitted by Subtenant pursuant to Paragraph 19(a) below and, except as aforesaid, neither party shall have any further obligation to the other party under this SubleaseLandlord.

Appears in 1 contract

Samples: E Piphany Inc

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LANDLORD’S CONSENT TO SUBLEASE. (Ai) Sublandlord shall, promptly after execution of this Sublease by both parties, submit a copy of same to Landlord and shall use all reasonable efforts to obtain Landlord’s 's consent to this SubleaseSublease (the “Consent”); provided, however, that Sublandlord shall not be required to make any payment payments or commence any action or proceeding in order to obtain Landlord’s consent to this Sublease the Consent and shall not in any event be liable to Subtenant for any failure to obtain same (as long as Sublandlord shall have used all reasonable efforts as aforesaid to obtain Landlord’s consent to this Subleasethe Consent). Subtenant shall fully cooperate with Sublandlord in order to obtain Landlord’s consent to this Subleasethe Consent, including, but not limited to, promptly supplying such financial, business or other information or documentation as Landlord may reasonably request of Sublandlord in connection with this Sublease. In the event that Landlord’s consent to this Sublease the Consent is not obtained within thirty forty-five (3545) days after the date of this Sublease, either party may terminate this Sublease at any time prior to the issuance of such consent Consent by giving written notice of termination to the other party. If this Sublease is terminated pursuant to the immediately preceding sentence of this Paragraph 5(i)(A5(i)(i), Sublandlord shall promptly return to Subtenant (A) the first monthly installment of Fixed Rent which was paid by Subtenant pursuant to Paragraph 3(b) above and (B) the Security Deposit (as hereinafter defined) which was submitted by Subtenant pursuant to Paragraph Section 19(a) below and, except as aforesaidaforesaid or as provided in Section 18 below, neither party shall have any further obligation to the other party under this Sublease.

Appears in 1 contract

Samples: Agreement of Sublease (XCel Brands, Inc.)

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