Common use of SUBLETTING AND ASSIGNING Clause in Contracts

SUBLETTING AND ASSIGNING. (a) Tenant shall not assign this Lease or sublet all or any portion of the Demised Premises, whether voluntarily or by operation of law, without first obtaining Landlord’s prior written consent thereto, not to be unreasonably withheld, conditioned or delayed. Tenant acknowledges that, without in any way limiting the foregoing, Landlord shall have the right to withhold its consent if, by way of example and not limitation, the reputation or financial responsibility of a proposed assignee or subtenant is unsatisfactory to Landlord, if such subtenant’s or assignee’s business is not for the Permitted Use or is otherwise not consonant with that of the other tenants of the Building or would significantly increase the density of personnel use, if the proposed sublease or assignment is to a tenant of the Building or to a prospect with whom Landlord is then negotiating or has recently negotiated, if the proposed sublease is advertised or otherwise publicly marketed for a rental rate less than the market rate then established by Landlord for space in the Building, or if Tenant is in Default in the payment or performance of any of its obligations hereunder. In addition, Tenant shall not mortgage, pledge or hypothecate this Lease. Any assignment, sublease, mortgage, pledge or hypothecation in violation of this Section shall be void at the option of Landlord and shall constitute an immediate Default hereunder. Tenant shall not advertise or otherwise publicly market the Premises or any portion thereof for a rental rate less than the market rate then established by Landlord for space in the Building, however, provided Tenant has complied with the foregoing, Landlord’s consent to a sublease shall not be withheld by virtue of the fact that such sublease is at a rental rate less than such market rate.

Appears in 1 contract

Samples: Agreement of Lease (Voxware Inc)

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SUBLETTING AND ASSIGNING. (a) Tenant shall not assign this Lease or sublet all or any portion of the Demised Premises, whether voluntarily or by operation of law, without first obtaining Landlord’s prior written consent thereto, which shall not to be unreasonably withheld, conditioned or delayed. Tenant acknowledges that, without in any way limiting the foregoing, Landlord shall have the right to withhold its consent if, by way of example and not limitation, the reputation or financial responsibility of a proposed assignee or subtenant is unsatisfactory to Landlord, if such subtenant’s or assignee’s business is not for the Permitted Use or is otherwise not consonant with that of the other tenants of the Building or would significantly increase the density of personnel use, if the proposed sublease or assignment is to a tenant of the Building or to a prospect with whom Landlord is then negotiating or has recently negotiated, if the proposed sublease there is advertised or otherwise publicly marketed other comparable space available for a rental rate less than the market rate then established lease by Landlord for space in the Building, or if Tenant is in Default default in the payment or performance of any of its obligations hereunder. In addition, Tenant shall not mortgage, pledge or hypothecate this Lease. Any assignment, sublease, mortgage, pledge or hypothecation in violation of this Section shall be void at the option of Landlord and shall constitute an immediate Default hereunder. Tenant shall not advertise a default hereunder without the opportunity for notice or otherwise publicly market the Premises or any portion thereof for a rental rate less than the market rate then established cure by Landlord for space in the Building, however, provided Tenant has complied with the foregoing, Landlord’s consent to a sublease shall not be withheld by virtue of the fact that such sublease is at a rental rate less than such market rateTenant.

Appears in 1 contract

Samples: Agreement of Lease (Strategic Distribution Inc)

SUBLETTING AND ASSIGNING. (a) Tenant shall not assign this Lease or sublet all or any portion of the Demised Premises, whether voluntarily or by operation of law, without first obtaining Landlord’s prior written consent thereto, thereto (which consent shall not to be unreasonably withheld, conditioned delayed or delayedconditioned). Tenant acknowledges that, without in any way limiting the foregoing, Landlord shall have the right to withhold its consent if, by way of example and not limitation, (i) the reputation or financial responsibility of a proposed assignee or subtenant is unsatisfactory to Landlord, (ii) if such subtenant’s or assignee’s business is not for the Permitted Use or is otherwise not consonant with that of the other tenants of the Building or would significantly increase the density of personnel use, (iii) provided there is space available in the Building, if the proposed sublease or assignment is to a tenant of the Building or to a prospect with whom Landlord is then negotiating or has recently negotiated, if negotiated within the proposed sublease is advertised or otherwise publicly marketed for a rental rate less than the market rate then established by Landlord for space in the Buildingprevious ninety (90) days, or (iv) if Tenant is in Default default in the payment or performance of any of its obligations hereunder. In addition, Tenant shall not mortgage, pledge or hypothecate this LeaseLease without first obtaining Landlord’s prior written consent thereto (which consent shall not be unreasonably withheld, delayed or conditioned). Any assignment, sublease, mortgage, pledge or hypothecation in violation of this Section shall be void at the option of Landlord and shall constitute an immediate Default hereunder. Tenant shall not advertise a default hereunder without the opportunity for notice or otherwise publicly market the Premises or any portion thereof for a rental rate less than the market rate then established cure by Landlord for space in the Building, however, provided Tenant has complied with the foregoing, Landlord’s consent to a sublease shall not be withheld by virtue of the fact that such sublease is at a rental rate less than such market rateTenant.

Appears in 1 contract

Samples: Agreement of Lease (Avant Immunotherapeutics Inc)

SUBLETTING AND ASSIGNING. (a) Tenant shall not assign this Lease or sublet all or any portion of the Demised Premises, whether voluntarily or by operation of law, without first obtaining Landlord’s 's prior written consent, which consent thereto, shall not to be unreasonably withheld, conditioned or delayed. Tenant acknowledges that, without in any way limiting the foregoing, Landlord shall have the right to withhold its consent if, by way of example and not limitation, the reputation or financial responsibility of a proposed assignee or subtenant is unsatisfactory to Landlord, if such subtenant’s 's or assignee’s 's business is not for the Permitted Use or is otherwise not consonant consistent with that of the other tenants of the Building or would significantly increase the density of personnel use, if the proposed sublease or assignment is to a tenant of the Building or to a prospect with whom Landlord is then negotiating or has recently negotiated, if there is other space available for lease by Landlord in the Building, if the proposed sublease is advertised or otherwise publicly marketed for a rental rate less than the market rate then established by Landlord for space in the Building, or if Tenant is in Default default in the payment or performance of any of its obligations hereunder. In addition, Tenant shall not mortgage, pledge or hypothecate this Lease. Any assignment, sublease, mortgage, pledge or hypothecation in violation of this Section shall be void at the option of Landlord and shall constitute an immediate Default hereunder. Tenant shall not advertise a default hereunder without the opportunity for notice or otherwise publicly market the Premises or any portion thereof for a rental rate less than the market rate then established cure by Landlord for space in the Building, however, provided Tenant has complied with the foregoing, Landlord’s consent to a sublease shall not be withheld by virtue of the fact that such sublease is at a rental rate less than such market rateTenant.

Appears in 1 contract

Samples: Agreement of Lease (Bridgeline Digital, Inc.)

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SUBLETTING AND ASSIGNING. (a) Tenant shall not assign this Lease or sublet all or any portion of the Demised Premises, whether voluntarily or by operation of law, without first obtaining Landlord’s 's prior written consent thereto, which consent shall not to be unreasonably withheld, conditioned or delayed. delayed Tenant acknowledges that, without in any way limiting the foregoing, that it shall be reasonable for Landlord shall have the right to withhold its consent if, by way of example and not limitationinter alia, the reputation or financial responsibility of a proposed assignee or subtenant is unsatisfactory to Landlord, if such subtenant’s or assignee’s business is not for the Permitted Use or is otherwise not consonant with that of the other tenants of the Building or would significantly increase the density of personnel use, if the proposed sublease or assignment is to a tenant of the Building or to a prospect with whom Landlord and alternative space is then negotiating or has recently negotiated, if the proposed sublease is advertised or otherwise publicly marketed available for a rental rate less than the market rate then established by Landlord for space lease in the Building, or if Tenant such subtenant's or assignee's business is in Default in not consonant with that of the payment or performance other tenants of any of its obligations hereunderthe Building. In addition, Tenant shall not mortgage, pledge or hypothecate this Lease. Any assignment, sublease, mortgage, pledge or hypothecation in violation of this Section shall be void at the option of Landlord and shall constitute an immediate Default hereundera default hereunder without the opportunity for notice or cure by Tenant. Landlord acknowledges that Tenant intends to initially sublet up to 21,000 square feet in the Premises; Landlord agrees that it shall not advertise unreasonably withhold, condition or otherwise publicly market the Premises or any portion thereof for a rental rate less than the market rate then established by Landlord for space in the Building, however, provided Tenant has complied with the foregoing, Landlord’s delay its consent to a sublease shall not be withheld by virtue of the fact that such sublease is at a rental rate less than such market rateinitial subletting.

Appears in 1 contract

Samples: Office Lease (Breakaway Solutions Inc)

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