Common use of Lessor's Consent Required Clause in Contracts

Lessor's Consent Required. Except as provided in Section 11.02, Lessee shall not voluntarily or by operation of law assign, transfer, mortgage, sublet, license or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or in the Premises or any part thereof, without Lessor's prior written consent which Lessor shall not unreasonably withhold or delay. Lessor shall respond in writing to Lessee's request for consent hereunder in a timely manner and any attempted assignment, transfer, mortgage, encumbrance, subletting or licensing without such consent shall be void, and shall constitute a breach of this Lease. By way of example, but not limitation, reasonable grounds for denying consent include: (i) poor credit history or insufficient financial strength of transferee, (ii) transferee's intended use of the Premises is inconsistent with the permitted use or will materially and adversely affect Lessor's interest. Lessee shall reimburse Lessor upon demand for Lessor's reasonable costs and expenses (including attorneys' fees, architect fees and engineering fees) involved in renewing any request for consent whether or not consent is granted.

Appears in 5 contracts

Samples: And Attornement Agreement (Ariba Inc), Work Letter Agreement (Netscreen Technologies Inc), Broadvision Inc

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Lessor's Consent Required. Except as provided in ----------------------------------------- Section 11.02, Lessee shall not voluntarily or by operation of law assign, transfer, mortgage, sublet, license or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or in the Premises or any part thereof, without Lessor's prior written consent which Lessor shall not unreasonably withhold or delay. Lessor shall respond in writing to Lessee's request for consent hereunder in a timely manner and any attempted assignment, transfer, mortgage, encumbrance, subletting or licensing without such consent shall be void, and shall constitute a breach of this Lease. By way of example, but not limitation, reasonable grounds for denying consent include: (i) poor credit history or insufficient financial strength of transferee, (ii) transferee's intended use of the Premises is inconsistent with the permitted use or will materially and adversely affect Lessor's interest. Lessee shall reimburse Lessor upon demand for Lessor's reasonable costs and expenses (including attorneys' fees, architect fees and engineering fees) involved in renewing any request for consent whether or not consent is granted, provided that Lessee's obligation for attorneys' fees shall not exceed One Thousand Dollars ($1,000) unless any of the documents involved in the transaction become the subject of negotiation.

Appears in 2 contracts

Samples: At Home Corp, At Home Corp

Lessor's Consent Required. Except as provided in Section 11.02, Lessee shall not voluntarily or by operation of law assign, transfer, mortgage, sublet, license or otherwise transfer or encumber all or any part of Lessee's ’s interest in this Lease or in the Premises or any part thereof, without Lessor's ’s prior written consent which Lessor shall not unreasonably withhold or delay. Lessor shall respond in writing to Lessee's ’s request for consent hereunder in a timely manner and any attempted assignment, transfer, mortgage, encumbrance, subletting or licensing without such consent shall be void, and shall constitute a breach of this Lease. By way of example, but not limitation, reasonable grounds for denying consent include: (i) poor credit history or insufficient financial strength of transfereetransferee (but not necessarily financial strength as great as that of Lessee), (ii) transferee's ’s intended use of the Premises is inconsistent with the permitted use or will materially and adversely affect Lessor's ’s interest. Lessee shall reimburse Lessor upon demand for Lessor's ’s reasonable costs and expenses (including attorneys' fees, architect fees and engineering fees) involved in renewing any request for consent whether or not consent is granted.

Appears in 2 contracts

Samples: Sublease (PDL Biopharma, Inc.), Sublease (Biotech Spinco, Inc.)

Lessor's Consent Required. Except as provided in Section 11.02, Lessee shall not voluntarily or by operation of law assign, transfer, mortgage, sublet, license or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or in the Premises or any part thereof, without Lessor's prior written consent consent, which Lessor shall not unreasonably withhold withhold, condition or delay. Lessor shall respond in writing to Lessee's request for consent hereunder in a timely manner and any attempted assignment, transfer, mortgage, encumbrance, subletting or licensing without such consent shall be void, and shall constitute a breach of this Lease. By way of example, but not limitation, reasonable grounds for denying consent include: (i) poor credit history or insufficient financial strength of transferee, (ii) transferee's intended use of the Premises is inconsistent with the permitted use or will materially and adversely affect Lessor's interest. Lessee shall reimburse Lessor upon demand for Lessor's reasonable costs and expenses (including attorneys' fees, architect fees and engineering fees) involved in renewing any request for consent whether or not consent is granted, provided that Lessee's obligation for attorneys' fees shall not exceed One Thousand Dollars ($1,000) unless any of the documents involved in the transaction become the subject of negotiation.

Appears in 2 contracts

Samples: Work Letter Agreement (Arqule Inc), Work Letter Agreement (Threshold Pharmaceuticals Inc)

Lessor's Consent Required. Except as provided in Section ----------------------------------------- 11.02, Lessee shall not voluntarily or by operation of law assign, transfer, mortgage, sublet, license or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or in the Premises or any part thereof, without Lessor's prior written consent which Lessor shall not unreasonably withhold or delay. Lessor shall respond in writing to Lessee's request for consent hereunder in a timely manner and any attempted assignment, transfer, mortgage, encumbrance, subletting or licensing without such consent shall be void, and shall constitute a breach of this Lease. By way of example, but not limitation, reasonable grounds for denying consent include: (i) poor credit history or insufficient financial strength of transferee, (ii) transferee's intended use of the Premises is inconsistent with the permitted use or will materially and adversely affect Lessor's interest. Lessee shall reimburse Lessor upon demand for Lessor's reasonable costs and expenses (including attorneys' fees, architect fees and engineering fees) involved in renewing any request for consent whether or not consent is granted.

Appears in 1 contract

Samples: Lease (Interwoven Inc)

Lessor's Consent Required. Except as provided in Section 11.02, Lessee shall not voluntarily or by operation of law assign, transfer, mortgage, sublet, license or otherwise transfer or encumber all or any part of Lessee's ’s interest in this Lease or in the Premises or any part thereof, without Lessor's ’s prior written consent which Lessor shall not unreasonably withhold or delay. Lessor shall respond in writing to Lessee's ’s request for consent hereunder in a timely manner and any attempted assignment, transfer, mortgage, encumbrance, subletting or licensing without such consent shall be void, and shall constitute a breach of this Lease. By way of example, but not limitation, reasonable grounds for denying consent include: (i) poor credit history or insufficient financial strength of transferee, (ii) transferee's ’s intended use of the Premises is inconsistent with the permitted use or will materially and adversely affect Lessor's ’s interest. Lessee shall reimburse Lessor upon demand for Lessor's ’s reasonable costs and expenses (including attorneys' fees, architect fees and engineering fees) involved in renewing any request for consent whether or not consent is granted.

Appears in 1 contract

Samples: Broadvision Inc

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Lessor's Consent Required. Except as provided in Section 11.02, Lessee shall not voluntarily or by operation of law assign, transfer, mortgage, sublet, license or otherwise transfer or encumber all or any part of Lessee's ’s interest in this Lease or in the Premises or any part thereof, without Lessor's ’s prior written consent consent, which Lessor shall not unreasonably withhold withhold, condition or delay. Lessor shall respond in writing to Lessee's ’s request for consent hereunder in a timely manner and any attempted assignment, transfer, mortgage, encumbrance, subletting or licensing without such consent shall be void, and shall constitute a breach of this Lease. By way of example, but not limitation, reasonable grounds for denying consent include: (i) poor credit history or insufficient financial strength of transferee, (ii) transferee's ’s intended use of the Premises is inconsistent with the permitted use or will materially and adversely affect Lessor's ’s interest. Lessee shall reimburse Lessor upon demand for Lessor's ’s reasonable costs and expenses (including attorneys' fees, architect fees and engineering fees) involved in renewing any request for consent whether or not consent is granted, not to exceed Seven Thousand Five Hundred Dollars ($7,500).

Appears in 1 contract

Samples: Letter Agreement (Blue Coat Systems Inc)

Lessor's Consent Required. Except as provided in Section 11.02, Lessee shall not voluntarily or by operation of law assign, transfer, mortgage, sublet, license or otherwise transfer or encumber all or any part of Lessee's ’s interest in this Lease or in the Premises or any part thereof, without Lessor's ’s prior written consent consent, which Lessor shall not unreasonably withhold withhold, condition or delay. Lessor shall respond in writing to Lessee's ’s request for consent hereunder in a timely manner and any attempted assignment, transfer, mortgage, encumbrance, subletting or licensing without such consent shall be void, and shall constitute a breach of this Lease. By way of example, but not limitation, reasonable grounds for denying consent include: (i) poor credit history or insufficient financial strength of transferee, (ii) transferee's ’s intended use of the Premises is inconsistent with the permitted use or will materially and adversely affect Lessor's ’s interest. Lessee shall reimburse Lessor upon demand for Lessor's ’s reasonable costs and expenses (including attorneys' fees, architect fees and engineering fees) involved in renewing any request for consent whether or not consent is granted.

Appears in 1 contract

Samples: And Interior Specification Standards (Threshold Pharmaceuticals Inc)

Lessor's Consent Required. Except as provided in ----------------------------------------- Section 11.02, Lessee shall not voluntarily or by operation of law assign, transfer, mortgage, sublet, license or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or in the Premises or any part thereof, without Lessor's prior written consent which Lessor shall not unreasonably withhold or delay. Lessor shall respond in writing to Lessee's request for consent hereunder in a timely manner and any attempted assignment, transfer, mortgage, encumbrance, subletting or licensing without such consent shall be void, and shall constitute a breach of this Lease. By way of example, but not limitation, reasonable grounds for denying consent include: (i) poor credit history or insufficient financial strength of transfereetransferee (but not necessarily financial strength as great as that of Lessee), (ii) transferee's intended use of the Premises is inconsistent with the permitted use or will materially and adversely affect Lessor's interest. Lessee shall reimburse Lessor upon demand for Lessor's reasonable costs and expenses (including attorneys' fees, architect fees and engineering fees) involved in renewing any request for consent whether or not consent is granted.

Appears in 1 contract

Samples: Agreement (Phone Com Inc)

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