Common use of Requests for Consent Clause in Contracts

Requests for Consent. If Tenant shall request Landlord’s consent and Landlord shall fail or refuse to give such consent, Tenant shall not be entitled to any damages for any withholding by Landlord of its consent, it being intended that, except as expressly provided in this lease, Tenant’s sole remedy shall be an action for specific performance or injunction, and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not to unreasonably withhold its consent or where as a matter of law Landlord may not unreasonably withhold its consent. Notwithstanding the foregoing, Tenant shall not be deemed to have waived a claim for damages if there is a final judicial determination from which time for appeal has been exhausted that Landlord acted maliciously or in bad faith in exercising its judgment or withholding its consent or approval despite its agreement to act reasonably, in which case Tenant shall have the right to make a claim for the actual damages incurred by Tenant, but in no event shall Landlord, nor any other Landlord Party be liable for indirect, consequential, special, punitive, exemplary, incidental or other like damages. Tenant shall have the right to seek such a final judicial determination that Landlord acted maliciously or in bad faith without respect to whether Tenant pursued an action for specific performance or injunction, or whether Tenant pursued an arbitration relating to Landlord’s withholding of consent pursuant to any provision of this lease.

Requests for Consent. If Tenant shall request Landlord’s 's consent and Landlord shall fail or refuse to give such consent, Tenant shall not be entitled to any damages for any withholding by Landlord of its consent, it being intended that, except as expressly provided in this lease, Tenant’s 's sole remedy shall be an action for specific performance or injunction, and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not to unreasonably withhold its consent or where as a matter of law Landlord may not unreasonably withhold its consent. Notwithstanding the foregoing, Tenant shall not be deemed to have waived a claim for damages if there is a final judicial determination from which time for appeal has been exhausted that Landlord acted maliciously or in bad faith in exercising its judgment or withholding its consent or approval despite its agreement to act reasonably, in which case Tenant shall have the right to make a claim for the actual damages incurred by Tenant, but in no event shall Landlord, nor any other partner, director, officer, principal, shareholder, agent, servant or employee of Landlord Party be liable for indirect, consequential, special, punitive, exemplary, incidental or other like damages. Tenant shall have the right to seek such a final judicial determination that Landlord acted maliciously or in bad faith without respect to whether Tenant pursued an action for specific performance or injunction, or whether Tenant pursued an arbitration relating to Landlord’s 's withholding of consent pursuant to any provision of this lease.

Requests for Consent. If Tenant shall request Landlord’s consent and Landlord shall fail or refuse to give such consent, Tenant shall not be entitled to any damages for any withholding by Landlord of its consent, it being intended that, except as expressly provided in this lease, Tenant’s sole remedy shall be an action for specific performance or injunction, and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not to unreasonably withhold its consent or where as a matter of law Landlord may not unreasonably withhold its consent. Notwithstanding the foregoing, Tenant shall not be deemed to have waived a claim for damages if there is a final judicial determination from which time for appeal has been exhausted that Landlord acted maliciously or in bad faith in exercising its judgment or withholding its consent or approval despite its agreement to act reasonably, in which case Tenant shall have the right to make a claim for the actual damages incurred by Tenant, but in no event shall Landlord, nor any other partner, director, officer, principal, shareholder, agent, servant or employee of Landlord Party be liable for indirect, consequential, special, punitive, exemplary, incidental or other like damages. Tenant shall have the right to seek such a final judicial determination that Landlord acted maliciously or in bad faith without respect to whether Tenant pursued an action for specific performance or injunction, or whether Tenant pursued an arbitration relating to Landlord’s withholding of consent pursuant to any provision of this lease.

Requests for Consent. If Requests by the Tenant to assign this Lease or sublet all, or part of the Premises shall request Landlord’s consent be in writing to the Landlord accompanied with such information as the Landlord may reasonably require and Landlord shall fail include an original copy of the proposed assignment or refuse to give such consentsublease, Tenant shall not be entitled as the case may be. Prior to any damages for any withholding consent being given by the Landlord to the Tenant's request, the Landlord must be satisfied as to the following, inter alia: (a) that the liability of its consentthe Tenant in fulfilling the terms, it being intended thatcovenants and conditions of this Lease shall remain; (b) the financial ability, except good credit rating and business reputation and standing of the proposed assignee, subtenant or transferee, as expressly provided the case may be; (c) that the Tenant has regularly and duly paid Rent and performed all of the covenants contained in this lease, Tenant’s sole remedy shall be an action for specific performance Lease; (d) that any Mortgagee will consent to such request; and (e) that the proposed assignee or injunction, and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not to unreasonably withhold its consent or where as a matter of law Landlord may not unreasonably withhold its consent. Notwithstanding the foregoing, Tenant shall not be deemed to have waived a claim for damages if there is a final judicial determination from which time for appeal has been exhausted that Landlord acted maliciously or in bad faith in exercising its judgment or withholding its consent or approval despite its agreement to act reasonably, in which case Tenant shall have the right to make a claim for the actual damages incurred by Tenant, but in no event shall Landlord, nor any other Landlord Party be liable for indirect, consequential, special, punitive, exemplary, incidental or other like damages. Tenant shall have the right to seek such a final judicial determination that Landlord acted maliciously or in bad faith without respect to whether Tenant pursued an action for specific performance or injunctionsubtenant has, or whether Tenant pursued will enter into an arbitration relating agreement with the Landlord agreeing to Landlord’s withholding be bound by all of the terms, covenants and conditions of this Lease. Prior to receiving any consent pursuant to this Section 8.3, the Tenant will pay the Landlord's administrative fee of $1,000.00 plus G.S.T. in connection with the review by the Landlord and/or its solicitors of the Tenant's request, and the preparation and review of any provision documentation in respect thereof. If the Tenant receives consent pursuant to this Section 8.3, it shall be conditional on the Tenant paying to the Landlord as Additional Rent, any profit (net of all reasonable costs incurred by the Tenant in connection therewith) earned by the Tenant in assigning this leaseLease or subletting all or any part of the Premises.

Requests for Consent. If Requests by the Tenant to assign this Lease or sublet all, or part of the Leased Premises shall request Landlord’s be in writing to the Landlord accompanied with such information as the Landlord may reasonably require and shall include an original copy of the proposed assignment or sublease, as the case may be, and the Landlord shall, within ten (1 0) business days thereafter, notify the Tenant in writing either that it consents or does not consent and to such proposal as set out in Section 8.2 hereof. Prior to any consent being given by the Landlord to the Tenants request, the Landlord shall fail be satisfied as to the following, inter alia: (a) that the liability of the Tenant in fulfilling the terms, covenants and conditions of this Lease shall remain, (b) the nature of the business to be carried on, the financial ability and good credit rating and standing of the proposed assignee, subtenant or refuse to give such consenttransferee, as the case may be, (c) that the Tenant shall not be entitled to any damages for any withholding by Landlord of its consent, it being intended that, except as expressly provided has regularly and duly paid Rent and performed all the covenants and provisos contained in this leaseLease, (d) that any mortgagee (including a trustee for bondholders) of the Landlord will consent to such request, and (e) that the proposed assignee or subtenant has, or will enter into an agreement with the Landlord agreeing to be bound by all of the terms, covenants and conditions of this Lease. All expenses incurred by the Landlord in connection with the review by the Landlord and/or its solicitors of the Tenant’s sole remedy 's request pursuant to this Article Vill, and in the preparation and review of any documentation in connection therewith, shall be an action for specific performance or injunction, the responsibility of the Tenant and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not to unreasonably withhold its consent or where as a matter of law Landlord may not unreasonably withhold its consentpaid forthwith upon demand. Notwithstanding If the foregoing, Tenant shall not be deemed to have waived a claim for damages if there is a final judicial determination from which time for appeal has been exhausted that Landlord acted maliciously or in bad faith in exercising its judgment or withholding its consent or approval despite its agreement to act reasonably, in which case Tenant shall have the right to make a claim for the actual damages incurred by Tenant, but in no event shall Landlord, nor any other Landlord Party be liable for indirect, consequential, special, punitive, exemplary, incidental or other like damages. Tenant shall have the right to seek such a final judicial determination that Landlord acted maliciously or in bad faith without respect to whether Tenant pursued an action for specific performance or injunction, or whether Tenant pursued an arbitration relating to Landlord’s withholding of receives consent pursuant to this Section 8.3 it shall be conditional on the Tenant paying to the Landlord as Additional Rent, any provision profit (net of all reasonable costs incurred by the Tenant in connection therewith) earned by the Tenant in assigning this leaseLease or subletting all or any part of the Leased Premises.

Requests for Consent. If Requests by the Tenant to assign this Lease or sublet all, or part of the Premises shall request Landlord’s consent be in writing to the Landlord accompanied with such information as the Landlord may reasonably require and Landlord shall fail include an original copy of the proposed assignment or refuse to give such consentsublease, Tenant shall not be entitled as the case may be. Prior to any damages for any withholding consent being given by the Landlord to the Tenant's request, the Landlord must be satisfied as to the following, inter alia: (a) that the liability of its consentthe Tenant in fulfilling the terms, it being intended thatcovenants and conditions of this Lease shall remain; (b) the financial ability, except good credit rating and business reputation and standing of the proposed assignee, subtenant or transferee, as expressly provided the case may be; (c) that the Tenant has regularly and duly paid Rent and performed all of the covenants contained in this lease, Tenant’s sole remedy shall be an action for specific performance Lease; (d) that any Mortgagee will consent to such request; and (e) that the proposed assignee or injunction, and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not to unreasonably withhold its consent or where as a matter of law Landlord may not unreasonably withhold its consent. Notwithstanding the foregoing, Tenant shall not be deemed to have waived a claim for damages if there is a final judicial determination from which time for appeal has been exhausted that Landlord acted maliciously or in bad faith in exercising its judgment or withholding its consent or approval despite its agreement to act reasonably, in which case Tenant shall have the right to make a claim for the actual damages incurred by Tenant, but in no event shall Landlord, nor any other Landlord Party be liable for indirect, consequential, special, punitive, exemplary, incidental or other like damages. Tenant shall have the right to seek such a final judicial determination that Landlord acted maliciously or in bad faith without respect to whether Tenant pursued an action for specific performance or injunctionsubtenant has, or whether Tenant pursued will enter into an arbitration relating agreement with the Landlord agreeing to Landlord’s withholding be bound by all of the terms, covenants and conditions of this Lease. Prior to receiving any consent pursuant to this Section 8.3, the Tenant will pay the Landlord's administrative fee of $1,000.00 plus applicable taxes in connection with the review by the Landlord and/or its solicitors of the Tenant's request, and the preparation and review of any provision documentation in [*****] Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to this omitted information. CONFIDENTIAL TREATMENT respect thereof. If the Tenant receives consent pursuant to this Section 8.3, it shall be conditional on the Tenant paying to the Landlord as Additional Rent, any profit (net of all reasonable costs incurred by the Tenant in connection therewith) earned by the Tenant in assigning this leaseLease or subletting all or any part of the Premises.

Requests for Consent. If Tenant shall request Landlord’s consent and Landlord shall fail or refuse to give such consent, Tenant shall not be entitled to any damages for any withholding by Landlord of its consent, it being intended that, except as expressly provided in this lease, Tenant’s sole remedy shall be an action for specific performance or injunction, and that such remedy shall be available only in those cases where Landlord has expressly agreed in writing not to unreasonably withhold its consent or where as a matter of law Landlord may not unreasonably withhold its consent. Notwithstanding the foregoing, Tenant shall not be deemed to have waived a claim for damages if there is a final judicial determination from which time for appeal has been exhausted that Landlord acted maliciously or in bad faith in exercising its judgment or withholding its consent or approval despite its agreement to act reasonably, in which case Tenant shall have the right to make a claim for the actual damages incurred by Tenant, but in no event shall Landlord, nor any other Landlord Party be liable for indirect, consequential, special, punitive, exemplary, incidental or other like damages. Tenant shall have the right to seek such a final judicial determination that Landlord acted maliciously or in bad faith without respect to whether Tenant pursued an action for specific performance or injunction, or whether Tenant pursued an arbitration relating to Landlord’s withholding of consent pursuant to any provision of this lease.