Common use of Assignment and Sublease Approval Clause in Contracts

Assignment and Sublease Approval. No Assignment or Sublease shall be valid without the prior written approval required in this Section 10. Should Lessee attempt to make an Assignment or Sublease except as provided in this Section 10, such action shall be deemed a breach of this Lease, excepting that an Approved Encumbrancer may enforce its rights in the manner provided in this Lease. Approval of one Sublease or Assignment shall not validate a subsequent Sublease or Assignment that has not received the required approvals; the restrictions of this Section 10 shall apply to each successive Sublease or Assignment and shall be severally binding upon each and every sublessee, assignee, and other successor in interest of Lessee, excepting an Approved Encumbrancer. Consent to a Sublease or Assignment shall not be unreasonably withheld, provided that the Sublease or Assignment is for the same use described in Section 4 and does not increase the maximum amounts of Hazardous Material, waste, or combustible material set forth on Schedule 4. If there would be a change in the use described in Section 4 or the maximum amounts of Hazardous Material, waste, or combustible material set forth on Schedule 4, then consent to a Sublease or Assignment shall be given by Lessor and Master Lessor in their sole and absolute discretion. If the per acre rent or other consideration to be paid by a sublessee or assignee to Lessee (the “3rd Party Per Acre Rent”) exceeds the per acre Rent due from Lessee for the Leased Premises (the “Per Acre Rent”), Lessee shall pay to Lessor, as additional Rent (“Additional Rent”), the difference between the Third Party Per Acre Rent and the Per Acre Rent multiplied by the number of acres subject to the Sublease or Assignment (the “3rd Party Acreage”). Lessee shall pay Additional Rent to Lessor at the same time or times the same is paid by such sublessee or assignee. For purposes of this Section 10, the Additional Rent to be paid by Lessee shall be calculated as follows: 3rd Party Acreage = 3rd Party Per Acre Rent total number of acres comprising the Leased Premises = Per Acre Rent (3rd Party Per Acre Rent – Per Acre Rent) x 3rd Party Acreage = Additional Rent

Assignment and Sublease Approval. No Assignment or Sublease shall be valid without the prior written approval required in this Section 10. Should Lessee attempt to make an Assignment or Sublease except as provided in this Section 10, such action shall be deemed a breach of this Lease, excepting that an Approved Encumbrancer may enforce its rights in the manner provided in this Lease. Approval of one Sublease or Assignment shall not validate a subsequent Sublease or Assignment that has not received the required approvals; the restrictions of this Section 10 shall apply to each successive Sublease or Assignment and shall be severally binding upon each and every sublessee, assignee, and other successor in interest of Lessee▇▇▇▇▇▇, excepting an Approved Encumbrancer. Consent to a Sublease or Assignment shall not be unreasonably withheld, provided that the Sublease or Assignment is for the same use described in Section 4 and does not increase the maximum amounts of Hazardous Material, waste, or combustible material set forth on Schedule 4. If there would be a change in the use described in Section 4 or the maximum amounts of Hazardous Material, waste, or combustible material set forth on Schedule 4, then consent to a Sublease or Assignment shall be given by Lessor and Master Lessor in their sole and absolute discretion. If the per acre rent or other consideration to be paid by a sublessee or assignee to Lessee (the “3rd Party Per Acre Rent”) exceeds the per acre Rent due from Lessee for the Leased Premises (the “Per Acre Rent”), Lessee shall pay to Lessor, as additional Rent (“Additional Rent”), the difference between the Third Party Per Acre Rent and the Per Acre Rent multiplied by the number of acres subject to the Sublease or Assignment (the “3rd Party Acreage”). Lessee shall pay Additional Rent to Lessor at the same time or times the same is paid by such sublessee or assignee. For purposes of this Section 10, the Additional Rent to be paid by Lessee shall be calculated as follows: 3rd Party Acreage = 3rd Party Per Acre Rent total number of acres comprising the Leased Premises = Per Acre Rent (3rd Party Per Acre Rent – Per Acre Rent) x 3rd Party Acreage = Additional Rent

Assignment and Sublease Approval. No Assignment or Sublease sublease shall be valid without the prior written approval required in this Section 10Article. Should Lessee attempt to make an Assignment or Sublease sublease except as provided in this Section 10Article, such action shall be deemed a breach of this Lease, excepting that an Approved Encumbrancer may enforce its rights in the manner provided in this Lease. Approval of one Sublease sublease or Assignment shall not validate a subsequent Sublease sublease or Assignment that has not received the required approvals; the restrictions of this Section 10 Article shall apply to each successive Sublease sublease or Assignment and shall be severally binding upon each and every sublessee, assignee, and other successor in interest of Lessee, excepting an Approved Encumbrancer. Consent to a Sublease sublease or Assignment shall not be unreasonably withheld, provided that the Sublease sublease or Assignment is for the same use described in Section Article 4 and does not increase the maximum amounts of Hazardous Material, waste, or combustible material set forth on Schedule 4. If there would be a change in the use described in Section Article 4 or the maximum amounts of Hazardous Material, waste, or combustible material set forth on Schedule 4, then consent to a Sublease sublease or Assignment shall be given by Lessor Lessor, Master Lessor, and Master Lessor sureties, if any, in their sole and absolute discretion. If the per acre rent or other consideration to be paid by a sublessee or assignee to Lessee (the “3rd Third Party Per Acre Rent”) exceeds the per acre Rent due from Lessee for the Leased Premises (the “Per Acre Rent”), Lessee shall pay to Lessor, as additional Rent (“Additional Rent”), the difference between the Third Party Per Acre Rent and the Per Acre Rent multiplied by the number of acres subject to the Sublease sublease or Assignment (the “3rd Third Party Acreage”). Lessee shall pay Additional Rent to Lessor at the same time or times the same is paid by such sublessee or assignee. For purposes of this Section 10Article 13, the Additional Rent to be paid by Lessee shall be calculated as follows: 3rd Third Party Acreage = 3rd Third Party Per Acre Rent total number of acres comprising the Leased Premises = Per Acre Rent (3rd Third Party Per Acre Rent – Per Acre Rent) x 3rd Third Party Acreage = Additional Rent