Common use of Standards for Consent Clause in Contracts

Standards for Consent. Without otherwise limiting the criteria upon which Lessor may withhold its consent to any proposed Transfer, the parties hereby agree that it shall be deemed presumptively reasonable for Lessor to withhold its consent to a proposed Transfer if: (i) The proposed Transferee's net worth (according to generally accepted accounting principles) is not sufficient in Lessor's reasonable business judgment given the obligations to be performed by the proposed Transferee pursuant to the proposed Transfer; (ii) The proposed Transferee's use of the Premises is inconsistent with the permitted use of the Premises set forth in this Lease or the proposed Transferee is of a character or reputation which is not consistent with the quality of the Building or Project; (iii) As to a Transfer of less than all of the Premises, the space to be Transferred is not regular in shape with appropriate means of ingress and egress suitable for normal leasing purposes; (iv) The proposed Transferee is a governmental agency or instrumentality thereof or a person or entity (or an affiliate thereof) currently leasing or occupying space within the Project or with whom Lessor is then negotiating for the lease or occupancy of space within the Project; (v) Lessee is in default under this Lease at the time Lessee requests consent to the proposed Transfer; or (vi) The proposed Transfer will result in more than a reasonable and safe number of occupants per floor within the space proposed to be Transferred or will result in insufficient parking for the Building.

Appears in 2 contracts

Sources: Office Lease (Doubleclick Inc), Office Lease (Netgravity Inc)

Standards for Consent. Without otherwise limiting the criteria upon --------------------- which Lessor may withhold its consent to any proposed Transfer, the parties hereby agree that it shall be deemed presumptively reasonable for Lessor to withhold its consent to a proposed Transfer if: (i) The proposed Transferee's net worth (according to generally accepted accounting principles) is not sufficient in Lessor's reasonable good faith business judgment given the obligations to be performed by the proposed Transferee pursuant to the proposed Transfer; (ii) The proposed Transferee's use of the Premises is inconsistent with the permitted use of the Premises set forth in this Lease or the proposed Transferee is of a character or reputation which is not consistent with the quality of the Building or Project; (iii) As to a Transfer of less than all of the Premises, the space to be Transferred is not regular in shape with appropriate means of ingress and egress suitable for normal leasing purposes; (iv) The proposed Transferee is a governmental agency or instrumentality thereof or a person or entity (or an affiliate thereof) currently leasing or occupying space within the Project (provided that Lessor has sufficient available space within the Project to accommodate the space needs of such current tenant or occupant) or with whom Lessor is then negotiating for the lease or occupancy of space within the Project; (v) Lessee is in default under this Lease at the time Lessee requests consent to the proposed Transfer; or (vi) The proposed Transfer will result in more than a reasonable and safe number of occupants per floor within the space proposed to be Transferred or will result in insufficient parking for the Building; or (vi) The rent proposed to be payable by the proposed Transferee will be less (on a per square foot of Rentable Area basis) than the then applicable fair market rental for the space proposed to be Transferred.

Appears in 2 contracts

Sources: Net Office Lease (Chordiant Software Inc), Net Office Lease (Chordiant Software Inc)

Standards for Consent. Without otherwise limiting the criteria upon which Lessor may withhold its consent to any proposed TransferTransfer (other than a Permitted Sublease), the parties hereby agree that it shall be deemed presumptively reasonable for Lessor to withhold its consent to a proposed Transfer if: (i) The proposed Transferee's ’s net worth (according to generally accepted accounting principles) is not sufficient in Lessor's reasonable business judgment given less than the obligations to be performed by greater of: (A) the proposed Transferee pursuant net worth of Lessee immediately prior to the proposed Transfer; or (B) the net worth of Lessee at the time this Lease is executed; (ii) The proposed Transferee's ’s use of the Premises is inconsistent with the permitted use of the Premises set forth in this Lease or the proposed Transferee is of a character or reputation which is not consistent with the quality of the Building or Project; (iii) As to a Transfer of less than all of the Premises, the space to be Transferred is not regular in shape with appropriate means of ingress and egress suitable for normal leasing purposes; (iv) The proposed Transferee is a governmental agency or instrumentality thereof or a person or entity (or an affiliate thereofhereof) currently leasing or occupying space within the Project or with whom Lessor is then negotiating for the lease or occupancy of space within the Project; (v) Lessee is in default under this Lease at the time Lessee requests consent to the proposed Transfer; or; (vi) The proposed Transfer will result in more than a reasonable and safe number of occupants per floor within the space proposed to be Transferred or will result in insufficient parking for the Building; or (vii) The rent proposed to be payable by the proposed Transferee will be less (on a per square foot of Rentable Area basis) than the rent payable by Lessee under this Lease.

Appears in 1 contract

Sources: Net Office Lease (Vyyo Inc)

Standards for Consent. Without otherwise limiting the criteria upon which Lessor may withhold its consent to any proposed Transfer, the parties hereby agree that it shall be deemed presumptively reasonable for Lessor to withhold its consent to a proposed Transfer if: (i) The proposed Transferee's ’s net worth (according to generally accepted accounting principles) is not sufficient in Lessor's reasonable business judgment given less than the obligations to be performed by greater of (A) the proposed Transferee pursuant net worth of Lessee immediately prior to the proposed Transfer; or (B) the net worth of Lessee at the time this Lease is executed; (ii) The proposed Transferee's ’s use of the Premises is inconsistent with the permitted use of the Premises set forth in this Lease or the proposed Transferee is of a character or reputation which is not consistent with the quality of the Building or Project; (iii) As to a Transfer of less than all of the Premises, the space to be Transferred is not regular in shape with appropriate means of ingress and egress suitable for normal leasing purposes; (iv) The proposed Transferee is a governmental agency or instrumentality thereof or a person or entity (or an affiliate thereof) currently leasing or occupying space within the Project or with whom Lessor is then negotiating for the lease or occupancy of space within the Project; (v) Lessee is in default An Event of Default exists under this Lease at the time Lessee requests consent to the proposed Transfer; or; (vi) The proposed Transfer will result in more than a reasonable and safe number of occupants per floor within the space proposed to be Transferred or will result in insufficient parking for the Building; (vii) The rent proposed to be payable by the proposed Transferee will be less (on a per square foot of Rentable Area basis) than the rent payable by Lessee under this Lease; or (viii) The Project is then below the level of ninety-five percent (95%) occupancy of Rentable Area.

Appears in 1 contract

Sources: Net Office Lease (Splunk Inc)

Standards for Consent. Without otherwise limiting the criteria upon which Lessor may withhold its consent to any proposed Transfer, the parties hereby agree that it shall be deemed presumptively reasonable for Lessor to withhold its consent to a proposed Transfer if: (i) The proposed Transferee's ’s net worth (according to generally accepted accounting principles) is not sufficient in Lessor's reasonable ’s business judgment given the obligations to be performed by the proposed Transferee pursuant to the proposed Transfer; (ii) The proposed Transferee's ’s use of the Premises is inconsistent with the permitted use of the Premises set forth in this Lease or the proposed Transferee is of a character or reputation which is not consistent with the quality of the Building or Project; (iii) As to a Transfer of less than all of the Premises, the space to be Transferred is not regular in shape with appropriate means of ingress and egress suitable for normal leasing purposes; (iv) The proposed Transferee is a governmental agency or instrumentality thereof or a person or entity (or an affiliate thereof) currently leasing or occupying space within the Project or with whom Lessor is then negotiating for the lease or occupancy of space within the Project, so long as sufficient space remains available within the Project for lease to such proposed Transferee; (v) Lessee is in default under this Lease beyond any applicable cure period at the time Lessee requests consent to the proposed Transfer; or (vi) The proposed Transfer will result in more than a reasonable and safe number of occupants per floor within the space proposed to be Transferred or will result in insufficient parking for the Building.

Appears in 1 contract

Sources: Net Office Lease (Borland Software Corp)

Standards for Consent. Without otherwise limiting the criteria upon which Lessor may withhold its consent to any proposed Transfer, the parties hereby agree that it shall be deemed presumptively reasonable for Lessor to withhold its consent to a proposed Transfer if: (i) The proposed Transferee's ’s net worth (according to generally accepted accounting principles) is not sufficient in Lessor's reasonable ’s business judgment given the obligations to be performed by the proposed Transferee pursuant to the proposed Transfer; (ii) The proposed Transferee's ’s use of the Premises is inconsistent with the permitted use of the Premises set forth in this Lease or the proposed Transferee is of a character or reputation which is not consistent with the quality of the Building or Project; (iii) As to a Transfer of less than all of the Premises, the space to be Transferred is not regular in shape with appropriate means of ingress and egress suitable for normal leasing purposes; (iv) The proposed Transferee is a governmental agency or instrumentality thereof or a person or entity (or an affiliate thereof) currently leasing or occupying space within the Project or with whom Lessor is then negotiating for the lease or occupancy of space within the Project; (v) Lessee is in default under this Lease at the time Lessee requests consent to the proposed Transfer; or; (vi) The proposed Transfer will result in more than a reasonable and safe number of occupants per floor within the space proposed to be Transferred or will result in insufficient parking for the Building; or (vii) For any Transfer proposed to be entered into during the initial year following the Commencement Date, the rent proposed to be payable by the proposed Transferee will be less (on a per square foot of Rentable Area basis) than the average net effective rent payable by Lessee under this Lease.

Appears in 1 contract

Sources: Net Office Lease (Borland Software Corp)