Common use of SUBLEASE OR ASSIGNMENT Clause in Contracts

SUBLEASE OR ASSIGNMENT. (a) Tenant may assign Tenant's interest in this Lease or sublet all or any portion of the Premises to a nationally or regionally recognized retailer without Landlord's consent. Any other assignment or subletting not specifically provided for in this Section 12 shall be subject to Landlord's prior written consent, which consent shall not be unreasonably withheld. Landlord's review of the proposed assignee or subtenant shall be limited to business reputation, business experience, a retail use compatible with then existing tenant mix of the Center, and financial ability to perform its obligations under this Lease or the proposed sublease, as the case may be. In any such event, Tenant shall remain fully and primarily liable hereunder. Tenant's right to assign or sublet shall be subject to any then existing exclusives or primary use exclusives for tenants leasing more than 15,000 square feet of space in the Center. Tenant may, without the consent of Landlord, (i) grant licenses and/or concessions within the Premises or (ii) assign or sublet all or any portion of the Premises to (a) any parent, affiliate or subsidiary corporation of Tenant; (b) a transferee or successor by merger, consolidation or acquisition of Tenant or its parent or subsidiary; or (c) a transferee with a good business reputation who is acquiring all or substantially all of the stores of Tenant in the State of Ohio or the assets of Tenant, its parent or subsidiary. Any such assignee or sublessee shall be bound by the terms of this Lease. Tenant shall deliver to Landlord in the ordinary course of its business an instrument whereby the assignee or entity succeeding to Tenant's interest hereunder agrees to be bound by the terms of this Lease.

SUBLEASE OR ASSIGNMENT. (a) Tenant may assign Tenant's interest in this Lease or sublet all or any portion of the Premises demised premises to a nationally or regionally recognized retailer without Landlord's consent. Any other assignment or subletting not specifically provided for in this Section 12 13 shall be subject to Landlord's prior written consent, which consent shall not be unreasonably withheld. Landlord's review of the proposed assignee or subtenant shall be limited to business reputation, business experience, a retail use compatible with then existing tenant mix of the CenterChesterfield Town Court, and financial ability to perform its obligations under this Lease or the proposed sublease, as the case may be. In any such event, Tenant shall remain fully and primarily liable hereunder. Tenant's right to assign or sublet shall be subject to any then existing exclusives or primary use exclusives for tenants leasing more than 15,000 20,000 square feet of space in the Center. Tenant may, without the consent of Landlord, (i) grant licenses and/or concessions within the Premises demised premises or (ii) assign or sublet all or any portion of the Premises demised premises to (a) any parent, affiliate or subsidiary corporation of Tenant; (b) a transferee or successor by merger, consolidation or acquisition of Tenant or its parent or subsidiary; or (c) a transferee with a good business reputation who is acquiring all or substantially all of the stores of the Tenant in the State of Ohio Richmond, Virginia metropolitan area or the assets of the Tenant, its parent or subsidiary. Any such assignee or sublessee shall be bound by the terms of this Lease. Tenant shall deliver to Landlord in the ordinary course of its business an instrument whereby the assignee or entity succeeding to Tenant's interest hereunder agrees to be bound by the terms of this Lease.

SUBLEASE OR ASSIGNMENT. (a) Tenant may assign Tenant's ’s interest in this Lease or sublet all or any portion of the Premises to a nationally or regionally recognized retailer without Landlord's ’s consent. Any other assignment or subletting not specifically provided for in this Section 12 shall be subject to Landlord's ’s prior written consent, which consent shall not be unreasonably withheld. Landlord's ’s review of the proposed assignee or subtenant shall be limited to business reputation, business experience, a retail use compatible with then existing tenant mix of the Center, and financial ability to perform its obligations under this Lease or the proposed sublease, as the case may be. In any such event, Tenant shall remain fully and primarily liable hereunder. Tenant's ’s right to assign or sublet shall be subject to any then existing exclusives or primary use exclusives for tenants leasing more than 15,000 square feet of space in the Center. Tenant may, without the consent of Landlord, (i) grant licenses and/or concessions within the Premises or (ii) assign or sublet all or any portion of the Premises to (a) any parent, affiliate or subsidiary corporation of Tenant; (b) a transferee or successor by merger, consolidation or acquisition of Tenant or its parent or subsidiary; or (c) a transferee with a good business reputation who is acquiring all or substantially all of the stores of Tenant in the State of Ohio Virginia or the assets of Tenant, its parent or subsidiary. Any such assignee or sublessee shall be bound by the terms of this Lease. Tenant shall deliver to Landlord in the ordinary course of its business an instrument whereby the assignee or entity succeeding to Tenant's ’s interest hereunder agrees to be bound by the terms of this Lease.

SUBLEASE OR ASSIGNMENT. (a) Tenant may assign Tenant's interest in this Lease or sublet all or any portion of the Premises demised premises to a nationally recognized retailer (defined as a retailer with at least fifty (50) retail stores in the United States) or regionally recognized retailer (defined as a retailer with at least five (5) retail stores in the State of Washington) customarily found in similar shopping centers without Landlord's consent. Any other assignment or subletting not specifically provided for in this Section 12 13 shall be subject to Landlord's ’s prior written consent, which consent shall not be unreasonably withheld. Landlord's ’s review of the proposed assignee or subtenant shall be limited to business reputation, business experience, a retail use compatible with then existing tenant mix of the Shopping Center, and financial ability to perform its obligations under this Lease or the proposed sublease, as the case may be. In any such event, Tenant shall remain fully and primarily liable hereunder. Tenant's right to assign or sublet shall be subject to any then existing those exclusives or primary use and prohibited uses set forth on Exhibit "D" attached hereto and made a part hereof, which are the exclusives and prohibited uses in effect for the Shopping Center as of the date hereof, for so long as and to the extent said exclusives and prohibited uses are still in full force and effect, as well as exclusives and prohibited uses hereafter granted for tenants leasing more than 15,000 square feet of space elsewhere within the Shopping Center, for so long as and to the extent said exclusives are still in full force and effect. In the Centerevent Tenant desires to assign the Lease and such assignment requires Landlord’s prior written consent, then Landlord shall within fifteen (15) business days of receipt of Tenant’s written notice to Landlord requesting such consent, either consent to such assignment, or elect to terminate the Lease effective sixty (60) days after notice of such election to terminate. Tenant may, without In the consent of Landlordevent Landlord terminates the Lease pursuant to this Section 13(a), (i) grant licenses and/or concessions within the Premises then effective upon such termination date, neither party shall have any further rights or liabilities hereunder arising after such termination date, and (ii) assign or sublet all or any portion of the Premises to (a) any parent, affiliate or subsidiary corporation of Tenant; (b) a transferee or successor by merger, consolidation or acquisition of Tenant or its parent or subsidiary; or (c) a transferee with a good business reputation who is acquiring all or substantially all of the stores of Tenant in the State of Ohio or the assets of Tenant, its parent or subsidiary. Any such assignee or sublessee shall be bound by the terms of this Lease. Tenant shall deliver have the right to Landlord in nullify such termination by withdrawing its assignment request within ten (10) days after receiving Landlord’s termination notice and continuing as the ordinary course of its business an instrument whereby the assignee or entity succeeding to Tenant's interest hereunder agrees to be bound by the terms of this Leasedirect tenant/occupant hereunder.

SUBLEASE OR ASSIGNMENT. (a) Tenant may assign Tenant's ’s interest in this Lease or sublet all or any portion of the Premises to a nationally or regionally recognized retailer without Landlord's ’s consent. Any other assignment or subletting not specifically provided for in this Section 12 shall be subject to Landlord's ’s prior written consent, which consent shall not be unreasonably withheld. Landlord's ’s review of the proposed assignee or subtenant shall be limited to business reputation, business experience, a retail use compatible with then existing tenant mix of the Center, and financial ability to perform its obligations under this Lease or the proposed sublease, as the case may be. In any such event, Tenant shall remain fully and primarily liable hereunder. Tenant's ’s right to assign or sublet shall be subject to any then existing exclusives or primary use exclusives for tenants leasing more than 15,000 square feet of space in the Center. Tenant may, without the consent of Landlord, (i) grant licenses and/or concessions within the Premises or (ii) assign or sublet all or any portion of the Premises to (a) any parent, affiliate or subsidiary corporation of Tenant; (b) a transferee or successor by merger, consolidation or acquisition of Tenant or its parent or subsidiary; or (c) a transferee with a good business reputation who is acquiring all or substantially all of the stores of Tenant in the State of Ohio or the assets of Tenant, its parent or subsidiary. Any such assignee or sublessee shall be bound by the terms of this Lease. Tenant shall deliver to Landlord in the ordinary course of its business an instrument whereby the assignee or entity succeeding to Tenant's ’s interest hereunder agrees to be bound by the terms of this Lease.

SUBLEASE OR ASSIGNMENT. (a) Tenant may assign Tenant's interest in this Lease or sublet all or any portion of the Premises to a nationally demised premises for the Permitted Use (defined in Section 20) or regionally recognized retailer without Landlord's consent. Any other assignment or subletting not specifically provided for in this Section 12 shall be another lawful retail use compatible with the then existing tenant mix of Maple Hill Mall subject to Landlord's prior written consent, which consent shall not be unreasonably withheld. Landlord's review of the proposed assignee or subtenant shall be limited to business reputation, business experience, a retail use compatible with then existing tenant mix of the Center, and financial ability to perform its obligations under this Lease or the proposed sublease, as the case may be. In any such eventFurthermore, Tenant shall remain fully and primarily liable hereunder. Tenant's right to assign or sublet for a different use then the Permitted Use (defined in Section 20) shall be subject to any then existing those exclusives or primary use and prohibited uses set forth on Exhibit "D" attached hereto and made a part hereof, which are the exclusives and prohibited uses in effect for the Shopping Center as of the date hereof, for so long as and to the extent said exclusives and prohibited uses are still in full force and effect, as well as exclusives and prohibited uses hereafter granted for tenants leasing more than 15,000 20,000 square feet or more of space in elsewhere within the Shopping Center. Tenant may, without the consent of Landlord, (i) grant licenses and/or concessions within the Premises demised premises or (ii) assign or sublet all or any portion of the Premises demised premises to (a) any parent, affiliate or subsidiary corporation of Tenant; (b) a transferee or successor by merger, consolidation or acquisition of Tenant or its parent or subsidiary; or (c) a transferee with a good business reputation who is acquiring all or substantially all of the stores of the Tenant in the State of Ohio Michigan or the assets of the Tenant, its parent or subsidiary. Any such assignee or sublessee shall be bound by the terms of this Lease. Tenant shall deliver to Landlord in the ordinary course of its business an instrument whereby the assignee or entity succeeding to Tenant's interest hereunder agrees to be bound by the terms of this Lease. In the event of any assignment of this Lease or subletting of the demised premises, in whole or in part, Tenant shall remain fully and primarily liable hereunder.

SUBLEASE OR ASSIGNMENT. (a) Tenant may assign Tenant's interest in this Lease or sublet all or any portion of the Premises demised premises for a retail use to a nationally or regionally recognized national retailer without the Landlord's prior written consent. Any other assignment or subletting not specifically provided for in this Section 12 13 shall be subject to Landlord's prior written consent, which consent shall not be unreasonably withheld. Landlord's review of the proposed assignee or subtenant shall be limited to business reputation, business experience, a retail use compatible with then existing tenant mix of the CenterGolden Triangle Mall, and financial ability to perform its obligations under this Lease or the proposed sublease, as the case may be. In any such event, Tenant shall remain fully and primarily liable hereunder. Tenant's right to assign or sublet shall be subject to any then existing exclusives or primary use exclusives for tenants leasing more than 15,000 20,000 square feet of space in the Center. Tenant may, without the consent of Landlord, (i) grant licenses and/or concessions within the Premises demised premises or (ii) assign or sublet all or any portion of the Premises demised premises to (a) any parent, affiliate or subsidiary corporation of Tenant; (b) a transferee or successor by merger, consolidation or acquisition of Tenant or its parent or subsidiary; or (c) a transferee with a good business reputation who is acquiring all or substantially all of the stores of the Tenant in the State of Ohio Dallas/Ft. Worth, Texas metropolitan area or the assets of the Tenant, its parent or subsidiary. Any such assignee or sublessee shall be bound by the terms of this Lease. Tenant shall deliver to Landlord in the ordinary course of its business an instrument whereby the assignee or entity succeeding to Tenant's interest hereunder agrees to be bound by the terms of this Lease.

SUBLEASE OR ASSIGNMENT. (a) Tenant may assign Tenant's ’s interest in this Lease or sublet all or any portion of the Premises demised premises to a nationally recognized retailer (defined as a retailer with at least fifty (50) retail stores in the United States) or regionally recognized retailer (defined as a retailer with at least five (5) retail stores in the State of Washington) customarily found in similar shopping centers without Landlord's ’s consent. Any other assignment or subletting not specifically provided for in this Section 12 13 shall be subject to Landlord's ’s prior written consent, which consent shall not be unreasonably withheld. Landlord's ’s review of the proposed assignee or subtenant shall be limited to business reputation, business experience, a retail use compatible with then existing tenant mix of the Shopping Center, and financial ability to perform its obligations under this Lease or the proposed sublease, as the case may be. In any such event, Tenant shall remain fully and primarily liable hereunder. Tenant's ’s right to assign or sublet shall be subject to any then existing those exclusives or primary use and prohibited uses set forth on Exhibit “D” attached hereto and made a part hereof, which are the exclusives and prohibited uses in effect for the Shopping Center as of the date hereof, for so long as and to the extent said exclusives and prohibited uses are still in full force and effect, as well as exclusives and prohibited uses hereafter granted for tenants leasing more than 15,000 square feet of space elsewhere within the Shopping Center, for so long as and to the extent said exclusives are still in full force and effect. In the Centerevent Tenant desires to assign the Lease and such assignment requires Landlord’s prior written consent, then Landlord shall within fifteen (15) business days of receipt of Tenant’s written notice to Landlord requesting such consent, either consent to such assignment, or elect to terminate the Lease effective sixty (60) days after notice of such election to terminate. Tenant may, without In the consent of Landlordevent Landlord terminates the Lease pursuant to this Section 13(a), (i) grant licenses and/or concessions within the Premises then effective upon such termination date, neither party shall have any further rights or liabilities hereunder arising after such termination date, and (ii) assign or sublet all or any portion of the Premises to (a) any parent, affiliate or subsidiary corporation of Tenant; (b) a transferee or successor by merger, consolidation or acquisition of Tenant or its parent or subsidiary; or (c) a transferee with a good business reputation who is acquiring all or substantially all of the stores of Tenant in the State of Ohio or the assets of Tenant, its parent or subsidiary. Any such assignee or sublessee shall be bound by the terms of this Lease. Tenant shall deliver have the right to Landlord in nullify such termination by withdrawing its assignment request within ten (10) days after receiving Landlord’s termination notice and continuing as the ordinary course of its business an instrument whereby the assignee or entity succeeding to Tenant's interest hereunder agrees to be bound by the terms of this Leasedirect tenant/occupant hereunder.

SUBLEASE OR ASSIGNMENT. (a) Tenant may assign Tenant's interest in this Lease or sublet all or any portion of the Premises demised premises for a retail use to a nationally or regionally recognized national retailer without the Landlord's prior written consent. Any other assignment or subletting not specifically provided for in this Section 12 13 shall be subject to Landlord's prior written consent, which consent shall not be unreasonably withheld. Landlord's review of the proposed assignee or subtenant shall be limited to business reputation, business experience, a retail use compatible with then existing tenant mix of the CenterCarrollwood Commons, and financial ability to perform its obligations under this Lease or the proposed sublease, as the case may be. In any such event, Tenant shall remain fully and primarily liable hereunder. Tenant's right to assign or sublet shall be subject to any then existing exclusives or primary use exclusives for tenants leasing more than 15,000 20,000 square feet of space in the Centerspace. Tenant may, without the consent of Landlord, (i) grant licenses and/or concessions within the Premises demised premises or (ii) assign or sublet all or any portion of the Premises demised premises to (a) any parent, affiliate or subsidiary corporation of Tenant; (b) a transferee or successor by merger, consolidation or acquisition of Tenant or its parent or subsidiary; or (c) a transferee with a good business reputation who is acquiring all or substantially all of the stores of the Tenant in the State of Ohio Tampa, Florida metropolitan area or the assets of the Tenant, its parent or subsidiary. Any such assignee or sublessee shall be bound by the terms of this Lease. Tenant shall deliver to Landlord in the ordinary course of its business an instrument whereby the assignee or entity succeeding to Tenant's interest hereunder agrees to be bound by the terms of this Lease.

SUBLEASE OR ASSIGNMENT. Tenant shall not (a) Tenant may assign Tenant's interest assign, encumber, mortgage, or in any other manner transfer this Lease or any estate or interest therein; or (b) sublet all the Premises or any part thereof, or grant any license, concession or other right to occupy any portion of the Premises to (each a nationally or regionally recognized retailer “Transfer”) without Landlord's consent. Any other assignment or subletting not specifically provided for in this Section 12 shall be subject to Landlord's the prior written consentconsent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. Consent by Landlord to one or more Transfers shall not operate as a waiver of Landlord's review ’s rights as to any subsequent Transfer. Notwithstanding any Transfer, (x) Tenant and any guarantor of the proposed assignee or subtenant shall be limited to business reputation, business experience, a retail use compatible with then existing tenant mix of the Center, and financial ability to perform its Tenant’s obligations under this Lease or the proposed sublease, as the case may be. In any such event, Tenant shall remain fully and primarily jointly and severally liable hereunderunder this Lease, and (y) Landlord shall be entitled to 100% of any excess rental paid to Tenant in excess of the Rent to be paid by Tenant under this Lease. Tenant's Notwithstanding anything herein to the contrary, so long as Tenant is not in default under this Lease, Tenant shall have the right to assign this Lease or to sublet shall be subject to all or any then existing exclusives or primary use exclusives for tenants leasing more than 15,000 square feet portion of space in the Center. Tenant mayPremises, without the consent of Landlord, (i) grant licenses and/or concessions within the Premises to any parent, subsidiary, or corporate affiliate of Tenant with equal or greater net worth; (ii) assign or sublet all or any portion of the Premises to (a) any parent, affiliate or subsidiary corporation of Tenant; (b) a transferee or successor by merger, consolidation or acquisition of Tenant or its parent or subsidiary; or (c) a transferee in connection with a good business reputation who is acquiring merger or consolidation, or the sale of all or substantially all of Tenant’s assets; (iii) to any corporation which acquires fifty percent (50%) or more of the stores issued and outstanding voting stock of Tenant; or (iv) employees, agents, service providers of Tenant or clients of Tenant occupying up to a maximum of 20% of the Premises; provided that, in any of the State foregoing circumstances, (a) Tenant shall give Landlord written notice of Ohio such assignment or subletting prior to the assets effective date of Tenantsuch assignment or subletting; (b) subsequent to such assignment or subletting, its parent or subsidiary. Any such assignee or sublessee Tenant and Guarantor shall be bound by remain primarily liable for the terms performance of all terms, covenants, and conditions of this Lease. Tenant shall deliver to Landlord ; and (c) in the ordinary course event of its business an instrument whereby assignment, the assignee or entity succeeding to shall assume all of Tenant's interest hereunder agrees to be bound by the terms of ’s obligations under this Lease.

SUBLEASE OR ASSIGNMENT. (a) Tenant may assign Tenant's ’s interest in this Lease or sublet all or any portion of the Premises to a nationally or regionally recognized retailer without Landlord's ’s consent. Any other assignment or subletting not specifically provided for in this Section 12 shall be subject to Landlord's ’s prior written consent, which consent shall not be unreasonably withheld. Landlord's ’s review of the proposed assignee or subtenant shall be limited to business reputation, business experience, a retail use compatible with then existing tenant mix of the Center, and financial ability to perform its obligations under this Lease or the proposed sublease, as the case may be. In any such event, Tenant shall remain fully and primarily liable hereunder. Tenant's ’s right to assign or sublet shall be subject to any then existing exclusives or primary use exclusives for tenants leasing more than 15,000 fourteen thousand (14,000) square feet of space in the Center. Tenant may, without the consent of Landlord, (i) grant licenses and/or concessions within the Premises or (ii) assign or sublet all or any portion of the Premises to (a) any parent, affiliate or subsidiary corporation of Tenant; (b) a transferee or successor by merger, consolidation or acquisition of Tenant or its parent or subsidiary; or (c) a transferee with a good business reputation who is acquiring all or substantially all of the stores of Tenant in the State of Ohio Florida or the assets of Tenant, its parent or subsidiary. Any such assignee or sublessee shall be bound by the terms of this Lease. Tenant shall deliver to Landlord in the ordinary course of its business an instrument whereby the assignee or entity succeeding to Tenant's ’s interest hereunder agrees to be bound by the terms of this Lease.