Common use of Reasonable Consent Clause in Contracts

Reasonable Consent. As set forth in paragraph 28 above, Tenant shall not sublet or assign the Leased Premises without the Landlord's prior written consent, which consent shall not be unreasonably withheld. In determining whether to grant consent to the Tenant's sublet or assignment request, the Landlord may consider any reasonable factor. Landlord and Tenant agree that any one of the following factors, or any other reasonable factor, will be reasonable grounds for deciding the Tenant's request: A. Financial strength of the proposed subtenant/assignee must be at least equal to that of the existing Tenant; B. Business reputation of the proposed subtenant/assignee must be in accordance with generally acceptable commercial standards; C. Use of the Leased Premises by the proposed subtenant/assignee must be identical to the use permitted by this Lease; D. Percentage rents, if a condition of this Lease, of the proposed subtenant/assignee, or the prospect of percentage rents, must be at least equal to that of the existing Tenant; E. Managerial and operational skills of the proposed subtenant/assignee must be the same or exceed those of the existing Tenant; F. Use of the Leased Premises by the proposed subtenant/assignee will not violate or create any potential violation of any laws; G. Use of the Leased Premises will not violate any other agreements affecting the Leased Premises, the Landlord or other Tenants or require Landlord to make alterations or improvements to the Premises.

Appears in 2 contracts

Sources: Agreement and Plan of Reorganization (Biomira Inc), Commercial Lease Agreement (Biomira CORP)

Reasonable Consent. As set forth If Landlord does not elect either of the options provided in paragraph 28 abovethe Recapture section of this article, Tenant Landlord shall not sublet unreasonably withhold or assign the Leased Premises without the Landlord's prior written consent, which consent shall not be unreasonably withheld. In determining whether to grant delay its consent to the Tenant's sublet or assignment request, the a proposed transfer. It shall be deemed reasonable for Landlord may consider to withhold consent to any reasonable factor. Landlord and Tenant agree that proposed transfer if any one of the following factors, or any other reasonable factor, will be reasonable grounds for deciding the Tenant's requestconditions have not been established to Landlord’s satisfaction: A. Financial strength 6.4.1 The proposed transferee has sufficient financial wherewithal to discharge its obligations under this Lease and the proposed agreement of transfer and as determined by Landlord’s criteria for selecting Project tenants and has experience and reputation that is not less than the experience, and reputation of Tenant on the Date of this Lease and the date of the transfer, whichever is greater. 6.4.2 The proposed subtenant/assignee must be at least equal transfer shall not, in Landlord’s reasonable judgment, cause physical harm to that of the existing Tenant; B. Business Project or harm to the reputation of the Project that would result in an impairment of Landlord’s ability to lease space in the Project or a diminution in the rental value of space in the Project. 6.4.3 The proposed subtenant/assignee must be in accordance with generally acceptable commercial standards; C. Use use of the Leased Premises by the proposed transferee will be the Permitted Use, and not prohibited by the Rules and Regulations, and will not violate any restrictive covenants or exclusive use provisions applicable to Landlord. 6.4.4 The proposed transferee shall not be any person or entity who shall at that time be a tenant, subtenant/assignee must be identical to the use permitted by this Lease; D. Percentage rents, if a condition or other occupant of this Lease, any part of the proposed subtenant/assigneeProject, or who dealt with Landlord or Landlord’s agent (directly or through a broker) as to space in the prospect of percentage rents, must be at least equal to that Project during the six months immediately preceding Tenant’s request for Landlord’s consent. 6.4.5 The proposed use of the existing Tenant; E. Managerial and operational skills of the proposed subtenant/assignee must be the same or exceed those of the existing Tenant; F. Use of the Leased Premises by the proposed subtenant/assignee transferee will not violate require alterations or create any potential violation additions to the Premises or the Project to comply with applicable law or governmental requirements and will not negatively affect insurance requirements or involve the introduction of any materials to the Premises that are not in compliance with the environmental laws;. G. Use 6.4.6 Any mortgagee of the Leased Project will consent to the proposed transfer if such consent is required under the relevant loan documents. WPBDOCS 8493398 5 7/29/14 7 6.4.7 The proposed use of the Premises will not violate materially increase the Operating Costs for the Project or the burden on Project services, or generate excessive foot traffic, elevator usage, Parking Area usage, or security concerns in the Project, or compromise or reduce the comfort or safety, or both, of Landlord and the other occupants of the Project. 6.4.8 The proposed transferee shall not be, and shall not be affiliated with, anyone with whom Landlord or any other agreements affecting of its affiliates has been involved with in litigation or who has defaulted under any agreement with Landlord or any of its affiliates. 6.4.9 The proposed transfer will not cause a violation of another lease for space in the Leased PremisesProject or give an occupant of the Project a right to cancel its lease. 6.4.10 There shall be no default by Tenant, beyond any applicable grace period, under any of the terms, covenants, and conditions of this Lease at the time that Landlord’s consent to a transfer is requested and on the date of the commencement of the term of the proposed transfer. 6.4.11 If the transfer is an assignment, the proposed assignee will assume in writing all of the obligations of Tenant under this Lease. 6.4.12 Tenant acknowledges that the foregoing is not intended to be an exclusive list of the reasons for which Landlord or other Tenants or require Landlord may reasonably withhold its consent to make alterations or improvements to the Premisesa proposed transfer.

Appears in 1 contract

Sources: Office Lease (Bankrate, Inc.)

Reasonable Consent. As set forth If Landlord does not elect either of the options provided in paragraph 28 abovethe Recapture section of this article, Tenant Landlord shall not sublet unreasonably withhold or assign the Leased Premises without the Landlord's prior written consent, which consent shall not be unreasonably withheld. In determining whether to grant delay its consent to the Tenant's sublet or assignment request, the a proposed transfer. Landlord may consider reasonably withhold its consent (in writing) to any reasonable factor. Landlord and Tenant agree that any one proposed transfer unless all of the following factors, or any other conditions have been established to Landlord’s reasonable factor, will be reasonable grounds for deciding the Tenant's requestsatisfaction: A. Financial strength of 6.4.1 The proposed transferee has sufficient financial wherewithal to discharge its obligations under this Lease. 6.4.2 The proposed transfer shall not, in Landlord’s reasonable judgment, cause physical harm to the proposed subtenant/assignee must be at least equal Building Project or harm to that of the existing Tenant; B. Business reputation of the Building Project that would result in an impairment of Landlord’s ability to lease space in the Building Project or a diminution in the rental value of space in the Building Project. 6.4.3 The proposed subtenant/assignee must be in accordance with generally acceptable commercial standards; C. Use use of the Leased Premises by the proposed subtenant/assignee must transferee will be identical to the a use permitted under this Lease and not prohibited by this Lease;the Rules and Regulations, and will not violate any restrictive covenants or exclusive use provisions applicable to Landlord. D. Percentage rents, if a condition of this Lease, 6.4.4 The proposed use of the proposed subtenant/assignee, or the prospect of percentage rents, must be at least equal to that of the existing Tenant; E. Managerial and operational skills of the proposed subtenant/assignee must be the same or exceed those of the existing Tenant; F. Use of the Leased Premises by the proposed subtenant/assignee transferee will not violate require alterations or create any potential violation additions to the Premises or the Building Project to comply with applicable law or governmental requirements (for which Tenant or transferee has not agreed to reimburse Landlord) and will not negatively affect insurance requirements or involve the introduction of any laws;materials to the Premises that are not in compliance with the Environmental Laws. G. Use 6.4.5 Any mortgagee of the Leased Building Project will consent to the proposed transfer if such consent is required under the relevant loan documents. 6.4.6 The proposed use of the Premises will not violate materially increase the operating costs for the Building Project or the burden on the Building Project services, or security concerns in the Building Project. 6.4.7 The proposed transferee shall not be, and shall not be affiliated with, anyone with whom Landlord or any other agreements affecting of its affiliates has been involved with in litigation. 6.4.8 There shall be no default by Tenant, beyond any applicable grace period, under any of the Leased Premisesterms, covenants, and conditions of this Lease at the time that Landlord’s consent to a transfer is requested and on the date of the commencement of the term of the proposed transfer. 6.4.9 If the transfer is an assignment, the proposed assignee will assume in writing all of the obligations of Tenant under this Lease. If Landlord or other Tenants or require Landlord withholds its consent to make alterations or improvements a transfer, it shall specify the reasons for such withholding. Tenant shall have the right to remedy any deficiency and resubmit the Premisesrequest for transfer in accordance with the terms of this article.

Appears in 1 contract

Sources: Lease (Health Benefits Direct Corp)

Reasonable Consent. As set forth If Landlord’s consent is required for a transfer and Landlord does not elect either of the options provided in paragraph 28 abovethe Recapture section of this article, Tenant Landlord shall not sublet unreasonably withhold, condition or assign the Leased Premises without the Landlord's prior written consent, which consent shall not be unreasonably withheld. In determining whether to grant delay its consent to the Tenant's sublet or assignment request, the such proposed transfer. It shall be deemed reasonable for Landlord may consider to withhold consent to any reasonable factor. Landlord and Tenant agree that proposed transfer if any one of the following factors, or any other conditions have not been established to Landlord’s reasonable factor, will be reasonable grounds for deciding the Tenant's requestsatisfaction: A. Financial strength 6.4.1 If the transfer is an assignment or a sublease of substantially all of the Premises, the proposed subtenant/assignee must be at least equal transferee shall have sufficient financial wherewithal to discharge its obligations under this Lease and the proposed agreement of transfer and as determined by Landlord’s reasonable criteria for selecting Project tenants and has a tangible net worth, experience, and reputation that is not less than the tangible net worth, experience, and reputation of Tenant on the existing Tenant;Date of this Lease. B. Business 6.4.2 The proposed transfer shall not, in Landlord’s reasonable judgment, cause physical harm to the Project or harm to the reputation of the Project that would result in an impairment of Landlord’s ability to lease space in the Project or a diminution in the rental value of space in the Project. The proposed subtenant/assignee must be in accordance with generally acceptable commercial standards; C. Use use of the Leased Premises by the proposed subtenant/assignee must transferee will be identical to the a use permitted under this Lease and not prohibited by this Lease;the Rules and Regulations, and will not violate any restrictive covenants or exclusive use provisions applicable to Landlord. D. Percentage rents6.4.3 The proposed transferee shall not be any person or entity who shall at that time be a tenant, if a condition subtenant, or other occupant of this Lease, any part of the proposed subtenant/assigneeProject, or who dealt with Landlord or Landlord’s agent (directly or through a broker) as to space in the prospect of percentage rents, must be at least equal to that Project during the six months immediately preceding Tenant’s request for Landlord’s consent. 6.4.4 The proposed use of the existing Tenant; E. Managerial and operational skills of the proposed subtenant/assignee must be the same or exceed those of the existing Tenant; F. Use of the Leased Premises by the proposed subtenant/assignee transferee will not violate require alterations or create any potential violation additions to the Premises or the Project to comply with applicable law or governmental requirements and will not negatively affect insurance requirements or involve the introduction of any materials to the Premises that are not in compliance with the environmental laws;. G. Use 6.4.5 Any mortgagee of the Leased Project will consent to the proposed transfer if such consent is required under the relevant loan documents. 6.4.6 The proposed use of the Premises will not violate materially increase the operating costs for the Project or the burden on the Project services, or generate material additional foot traffic, elevator usage, Parking Area usage, or security concerns in the Project, or create materially increased possibility that the comfort or safety, or both, of Landlord and the other occupants of the Project will be compromised or reduced. 6.4.7 The proposed transferee shall not be, and shall not be affiliated with, anyone with whom Landlord or any other agreements affecting of its affiliates has been involved with in litigation or who has defaulted under any agreement with Landlord or any of its affiliates. 6.4.8 The proposed transfer will not cause a violation of another lease for space in the Leased PremisesProject or give an occupant of the Project a right to cancel its lease. 6.4.9 There shall be no default by Tenant, beyond any applicable grace period, under any of the terms, covenants, and conditions of this Lease at the time that Landlord’s consent to a transfer is requested and on the date of the commencement of the term of the proposed transfer. 6.4.10 If the transfer is an assignment, the proposed assignee will assume in writing all of the obligations of Tenant under this Lease. 6.4.11 Tenant acknowledges that the foregoing is not intended to be an exclusive list of the reasons for which Landlord or other Tenants or require Landlord may reasonably withhold its consent to make alterations or improvements to the Premisesa proposed transfer.

Appears in 1 contract

Sources: Office Lease (FlexShopper, Inc.)

Reasonable Consent. As set forth in paragraph 28 27 above, Tenant shall not sublet or assign the Leased Premises without the Landlord's prior written consent, which consent shall not be unreasonably withheld. withheld In determining whether to grant consent to the Tenant's sublet or assignment request, the Landlord may consider any reasonable factor. Landlord and Tenant agree that any one of the following factors, or any other reasonable factor, will be reasonable grounds for deciding the Tenant's request: A. Financial a. financial strength of the proposed subtenant/assignee must be at least equal to that of the existing Tenant; B. Business b. business reputation of the proposed subtenant/assignee must be in accordance with generally acceptable commercial standards; C. Use c. use of the Leased Premises by the proposed subtenant/assignee must be identical to the use permitted by this Leaselease; D. Percentage d. percentage rents, if a condition of this Lease, of the proposed subtenant/assignee, or the prospect of percentage rents, must be at least equal to that of the existing Tenant; E. Managerial e. managerial and operational skills of the proposed subtenant/assignee must be the same or exceed those of the existing Tenant; F. Use f. use of the Leased Premises by the proposed subtenant/assignee will not violate or create any potential violation of any lawslaws and; G. Use g. use of the Leased Premises will not violate any other agreements affecting the Leased Premises, the Landlord or other Tenants or require Landlord to make alterations or improvements to the Premises.

Appears in 1 contract

Sources: Commercial Lease Agreement (Chorum Technologies Inc)