Common use of Alternative Use Clause in Contracts

Alternative Use. Tenant shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to an alternative use during the Lease Term without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord’s consent shall not be deemed unreasonably withheld if Landlord’s decision is based on any or all of the following: (a) whether the rental paid to Landlord would be equal to or greater than the anticipated rental assuming continued existing use; (b) whether the proposed rental to be paid to Landlord is reasonable considering the converted use of such Property and the customary rental prevailing in the community for such use; (c) whether the converted use will be consistent with the highest and best use of such Property; (d) whether the converted use will increase Landlord’s risks or decrease the value of such Property; (e) whether the converted use will adversely affect Landlord’s status as a REIT; and (f) whether Landlord is able to obtain approval of its Lender to any such change in use provided Landlord shall use commercially reasonable efforts to obtain approval of its Lender.

Alternative Use. Tenant shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties Leased Premises to an alternative use during the Lease Term without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord’s consent shall not be deemed unreasonably withheld if Landlord’s decision is based on any or all of the following: (a) whether the rental proposed use is reasonably likely to generate sufficient revenue to pay the Base Annual Rent and all other amounts required to be paid to Landlord would be equal to or greater than the anticipated rental assuming continued existing by this Lease: in use;. (b) whether the proposed rental use would require substantial alterations to be paid to Landlord is reasonable considering the converted use of such Property and the customary rental prevailing in the community for such useLeased Premises; (c) whether the converted use will be consistent with the highest and best use of such Property; (d) whether the converted use will increase Landlord’s risks or decrease the value of such Propertythe Leased Premises; (ed) whether the converted use will adversely affect Landlord’s status as a REIT; and (fe) whether Landlord is able to obtain approval of its Lender to any such change in use provided Landlord shall use commercially reasonable efforts to obtain approval of its Lender.change

Alternative Use. Tenant shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties Property to an alternative use during the Lease Term without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord’s consent shall not be deemed unreasonably withheld if Landlord’s decision is based on any or all of the following: (a) whether the rental paid to Landlord would be equal to or greater than the anticipated rental assuming continued existing use; (b) whether the proposed rental to be paid to Landlord is reasonable considering the converted use of such the Property and the customary rental prevailing in the community for such use; (c) whether the converted use will be consistent with the highest and best use of such the Property; (d) whether the converted use will increase Landlord’s risks or decrease the value of such the Property; (e) whether the converted use will adversely affect Landlord’s status as a REIT; and (f) whether Landlord is able to obtain approval of its Lender to any such change in use provided Landlord shall use commercially reasonable efforts to obtain approval of its Lenderuse.