Common use of ASSIGNMENT AND SUBLEASE Clause in Contracts

ASSIGNMENT AND SUBLEASE. A. Except as explicitly set forth herein, Concessionaire shall not assign, sublet, sell, convey, transfer, mortgage, or pledge this Lease or any part thereof without the prior written consent of the Board. Any restrictions which form a part of any written consent granted shall be incorporated into a written instrument and shall form a part of this Lease. Due to the significance of this Lease and the nature of the services to be provided hereunder, the Board shall have the right in its sole discretion, to withhold its consent. Concessionaire shall not use, or permit any person to use, the Premises, improvements thereon, or any portion thereof, except for the purposes as provided in this Lease. B. In the event Concessionaire merges, consolidates, acquires, affiliates, or associates with any other person, company, corporation or other entity, or in any manner whatsoever either is bought out or buys out another person, company, corporation or other entity, and such merger, consolidation, acquisition, affiliation, association or buy out results in a change of control or management of the operations authorized herein, then in that event, such merger, consolidation, acquisition, affiliation, association or buy out shall be considered by the Board as an Assignment of this Lease by Concessionaire which requires the prior approval of the Board and any such merger, consolidation, acquisition, affiliation, association or buy out without such consent shall be violation of this Article, and shall subject this Lease to termination by the Board. C. All subleases shall be subject to all of Concessionaire’s obligations hereunder. Subtenants must execute a written sublease containing an agreement to perform all of Concessionaire’s obligation hereunder during the term of the sublease. No sublease shall operate to release Concessionaire of its liabilities and obligations arising hereunder.

ASSIGNMENT AND SUBLEASE. A. Except as explicitly set forth hereinLESSEE SHALL NOT SELL, Concessionaire shall TRANSFER, ASSIGN OR ENCUMBER THE SYSTEM OR ANY PART THEREOF, LESSOR'S TITLE OR LESSEE'S RIGHTS UNDER THIS AGREEMENT. LESSEE SHALL NOT, WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR, SUBLET OR PART WITH POSSESSION OF THE SYSTEM OR ANY PART THEREOF. This Agreement may not assign, sublet, sell, convey, transfer, mortgage, be assigned in whole or pledge this Lease or any in part thereof by either Party without the prior written consent of the Boardother Party, which consent shall not be unreasonably withheld or delayed. Any restrictions Notwithstanding the foregoing, Lessor may, without the prior written consent of Lessee, (i) assign, mortgage, pledge or otherwise collaterally assign its interests in this Agreement and the System to any Financing Party, (ii) directly or indirectly assign this Agreement and the System to an affiliate or subsidiary of Lessor, (iii) assign this Agreement and the System to any entity through which form Lessor is obtaining financing or capital for the System and (iv) assign this Agreement and the System to any person succeeding to all or substantially all of the assets of Lessor (provided that Lessor shall be released from liability hereunder as a part result of any written consent granted shall be incorporated into a written instrument and shall form a part of this Lease. Due to the significance of this Lease and the nature of the services to be provided hereunder, foregoing permitted assignments only upon assumption of Lessor’s obligations hereunder by the Board shall have the right in its sole discretion, to withhold its consentassignee). Concessionaire shall not use, or permit any person to use, the Premises, improvements thereon, or any portion thereof, except for the purposes as provided in this Lease. B. In the event Concessionaire mergesof any such assignment, consolidates, acquires, affiliates, or associates with any other person, company, corporation or other entity, or in any manner whatsoever either is bought out or buys out another person, company, corporation or other entity, and such merger, consolidation, acquisition, affiliation, association or buy out results in a change of control or management of the operations authorized herein, then in that event, such merger, consolidation, acquisition, affiliation, association or buy out Lessor shall be considered by the Board as an Assignment of this Lease by Concessionaire which requires the prior approval of the Board and any such merger, consolidation, acquisition, affiliation, association or buy out without such consent shall be violation of this Article, and shall subject this Lease to termination by the Board. C. All subleases shall be subject to released from all of Concessionaire’s obligations hereunder. Subtenants must execute a written sublease containing an agreement to perform all of Concessionaire’s obligation hereunder during the term of the sublease. No sublease shall operate to release Concessionaire of its liabilities and other obligations arising hereunderunder this Agreement. However, any assignment of Lessor’s right and/or obligations under this Agreement, shall not result in any change to Lessee’s rights and obligations under this Agreement. Lessee’s Lessee’s consent to any other assignment shall not be unreasonably withheld if Lessee has been provided with reasonable proof that the proposed assignee (x) has comparable experience in operating and maintaining photovoltaic solar systems comparable to the System and providing services comparable to those contemplated by this Agreement and (y) has the financial capability to maintain the System and provide the services contemplated by this Agreement in the manner required by this Agreement. This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees.

ASSIGNMENT AND SUBLEASE. A. Except as explicitly set forth herein, Concessionaire shall not assign, sublet, sell, convey, transfer, mortgage, or pledge this Lease or any part thereof without the prior written consent of the Board. Any restrictions which form a part of any written consent granted shall be incorporated into a written instrument and shall form a part of this Lease. Due to the significance of this Lease and the nature of the services to be provided hereunder, the Board shall have the right in its sole discretion, to withhold its consent. Concessionaire shall not use, or permit any person to use, the Premises, improvements thereon, or any portion thereof, except for the purposes as provided in this Lease. B. In the event Concessionaire merges, consolidates, acquires, affiliates, or associates with any other person, company, corporation or other entity, or in any manner whatsoever either is bought out or buys out another person, company, corporation or other entity, and such merger, consolidation, acquisition, affiliation, association or buy out results in a change of control or management of the operations authorized herein, then in that event, such merger, consolidation, acquisition, affiliation, association or buy out shall be considered by the Board as an Assignment of this Lease by Concessionaire which requires the prior approval of the Board and any such merger, consolidation, acquisition, affiliation, association or buy out without such consent shall be violation of this Article, and shall subject this Lease to termination by the Board. C. All subleases shall be subject to all of the Concessionaire’s obligations hereunder. Subtenants must execute a written sublease containing an agreement to perform all of Concessionaire’s obligation obligations hereunder during the term of the sublease. No sublease shall operate to release Concessionaire of its liabilities and obligations arising hereunder. D. The Board will communicate directly with Concessionaire, not Sublease, regarding any rent obligations that occur during the term of the Lease.

ASSIGNMENT AND SUBLEASE. A. Except as explicitly set forth herein, Concessionaire shall not assign, sublet, sell, convey, transfer, mortgage, or pledge this Lease or any part thereof without the prior written consent of the Board. Any restrictions which form a part of any written consent granted shall be incorporated into a written instrument and shall form a part of this Lease. Due to the significance of this Lease and the nature of the services to be provided hereunder, the Board shall have the right in its sole discretion, to withhold its consent. Concessionaire shall not use, or permit any person to use, the Premises, improvements thereon, or any portion thereof, except for the purposes as provided in this Lease. B. In the event Concessionaire merges, consolidates, acquires, affiliates, or associates with any other person, company, corporation or other entity, or in any manner whatsoever either is bought out or buys out another person, company, corporation or other entity, and such merger, consolidation, acquisition, affiliation, association or buy out results in a change of control or management of the operations authorized herein, then in that event, such merger, consolidation, acquisition, affiliation, association or buy out shall be considered by the Board as an Assignment of this Lease by Concessionaire which requires the prior approval of the Board and any such merger, consolidation, acquisition, affiliation, association or buy out without such consent shall be violation of this Article, and shall subject this Lease to termination by the Board. C. All subleases shall be subject to all of the Concessionaire’s obligations hereunder. Subtenants must execute a written sublease containing an agreement to perform all of Concessionaire’s obligation obligations hereunder during the term of the sublease. No sublease shall operate to release Concessionaire of its liabilities and obligations arising hereunder. D. The Board will communicate directly with Concessionaire or lease holder, not Sublease, regarding any rent obligations that occur during the term of the Lease.

ASSIGNMENT AND SUBLEASE. A. Except as explicitly set forth herein, Concessionaire shall not assign, sublet, sell, convey, transfer, mortgage, or pledge this Lease or any part thereof without the prior written consent of the Board. Any restrictions which form a part of any written consent granted shall be incorporated into a written instrument and shall form a part of this Lease. Due to the significance of this Lease and the nature of the services to be provided hereunder, the Board shall have the right in its sole discretion, to withhold its consent. Concessionaire shall not use, or permit any person to use, the Premises, improvements thereon, or any portion thereof, except for the purposes as provided in this Lease. B. In the event Concessionaire merges, consolidates, acquires, affiliates, or associates with any other person, company, corporation or other entity, or in any manner whatsoever either is bought out or buys out another person, company, corporation or other entity, and such merger, consolidation, acquisition, affiliation, association or buy out results in a change of control or management of the operations authorized herein, then in that event, such merger, consolidation, acquisition, affiliation, association or buy out shall be considered by the Board as an Assignment of this Lease by Concessionaire which requires the prior approval of the Board and any such merger, consolidation, acquisition, affiliation, association or buy out without such consent shall be violation of this Article, and shall subject this Lease to termination by the Board. C. All subleases shall be subject to all of Concessionaire’s Concessionaire‘s obligations hereunder. Subtenants must execute a written sublease containing an agreement to perform all of Concessionaire’s Concessionaire‘s obligation hereunder during the term of the sublease. No sublease shall operate to release Concessionaire of its liabilities and obligations arising hereunder.

ASSIGNMENT AND SUBLEASE. A. Except as explicitly set forth herein, Concessionaire shall not assign, sublet, sell, convey, transfer, mortgage, or pledge this Lease or any part thereof without the prior written consent of the Board. Any restrictions which form a part of any written consent granted shall be incorporated into a written instrument and shall form a part of this Lease. Due to the significance of this Lease and the nature of the services to be provided hereunder, the Board shall have the right in its sole discretion, to withhold its consent. Concessionaire shall not use, or permit any person to use, the Premises, improvements thereon, or any portion thereof, except for the purposes as provided in this Lease. B. In the event Concessionaire merges, consolidates, acquires, affiliates, or associates with any other person, company, corporation or other entity, or in any manner whatsoever either is bought out or buys out another person, company, corporation or other entity, and such merger, consolidation, acquisition, affiliation, association or buy out results in a change of control or management of the operations authorized herein, then in that event, such merger, consolidation, acquisition, affiliation, association or buy out shall be considered by the Board as an Assignment of this Lease by Concessionaire which requires the prior approval of the Board and any such merger, consolidation, acquisition, affiliation, association or buy out without such consent shall be violation of this Article, and shall subject this Lease to termination by the Board. C. All subleases shall be subject to all of Concessionaire’s obligations hereunder. Subtenants must execute a written sublease containing an agreement to perform all of Concessionaire’s obligation hereunder during the term of the sublease. No sublease shall operate to release Concessionaire of its liabilities and obligations arising hereunder.

ASSIGNMENT AND SUBLEASE. A. Except as explicitly set forth herein, Concessionaire shall not assign, sublet, sell, convey, transfer, mortgage, No part of the Leased Premises or pledge this Lease may be assigned, mortgaged or subleased by Tenant, nor may a right of use of any part thereof portion of the property be conferred on a third person by any other means, without the prior written consent of Landlord which consent shall not be unreasonably withheld. This provision shall apply to all transfers by operation of law and transfers to and by trustees in bankruptcy, receivers, administrators, executors and legatees. No consent in one instance shall prevent this provision from applying to a subsequent instance. Landlord shall consent to a transaction covered by this provision when withholding such consent would be unreasonable in the Boardcircumstances. Any restrictions which form a part of any written consent granted shall be incorporated into a written instrument and shall form a part of Notwithstanding anything to the contrary contained in this Lease. Due to the significance of , Landlord and Tenant agree as follows: Tenant may assign this Lease and or sublet the nature of the services to be provided hereunder, the Board shall have the right in its sole discretion, to withhold its consent. Concessionaire shall not use, or permit any person to use, the Premises, improvements thereon, Leased Premises or any portion thereof, except without Landlord's consent, to any entity which controls, is controlled by, or is under common control with Tenant; to any entity which results from a merger of, reorganization of, or consolidation with Tenant; to any entity engaged in a joint venture with Tenant; or to any entity engaged in a joint venture with Tenant; or to any entity which acquires substantially all of the stock or assets of Tenant, as a going concern, with respect to the business that is being conducted in the Leased Premises (hereinafter each a "Permitted Transfer"). In addition, an assignment by Tenant which results from or occurs in connection with a sale or transfer of the capital stock of Tenant shall be deemed a Permitted Transfer if (1) such sale or transfer of capital stock occurs in connection with any bona fide financing or capitalization for the purposes as provided in this Lease. B. In the event Concessionaire merges, consolidates, acquires, affiliatesbenefit of Tenant, or associates with any other person, company, corporation (2) such sale or transfer of capital stock is under the auspices of the NASDAQ or other entity, regional or national stock exchange. Landlord shall have no right to terminate the Lease in any manner whatsoever either is bought out or buys out another person, company, corporation or other entity, and such merger, consolidation, acquisition, affiliation, association or buy out results in a change of control or management of the operations authorized herein, then in that event, such merger, consolidation, acquisition, affiliation, association or buy out shall be considered by the Board as an Assignment of this Lease by Concessionaire which requires the prior approval of the Board and any such merger, consolidation, acquisition, affiliation, association or buy out without such consent shall be violation of this Articleconnection with, and shall subject this Lease have no right to termination by the Boardany sums or other economic consideration resulting from, any Permitted Transfer. C. All subleases shall be subject to all of Concessionaire’s obligations hereunder. Subtenants must execute a written sublease containing an agreement to perform all of Concessionaire’s obligation hereunder during the term of the sublease. No sublease shall operate to release Concessionaire of its liabilities and obligations arising hereunder.

ASSIGNMENT AND SUBLEASE. A. Except as explicitly set forth herein, Concessionaire shall not assign, sublet, sell, convey, transfer, mortgage, or pledge this Lease Agreement or any part thereof without the prior written consent of the Board. Any restrictions which form a part of any written consent granted shall be incorporated into a written instrument and shall form a part of this LeaseAgreement. Due to the significance of this Lease Agreement and the nature of the services to be provided hereunder, the Board shall have the right in its sole discretion, to withhold its consent. Concessionaire shall not use, or permit any person to use, the PremisesAirport, improvements thereon, or any portion thereof, except for the purposes as provided in this LeaseAgreement. B. In the event Concessionaire merges, consolidates, acquires, affiliates, or associates with any other person, company, corporation or other entity, or in any manner whatsoever either is bought out or buys out another person, company, corporation or other entity, and such merger, consolidation, acquisition, affiliation, association or buy out results in a change of control or management of the operations authorized herein, then in that event, such merger, consolidation, acquisition, affiliation, association or buy out shall be considered by the Board as an Assignment of this Lease Agreement by Concessionaire which requires the prior approval of the Board and any such merger, consolidation, acquisition, affiliation, association or buy out without such consent shall be violation of this Article, and shall subject this Lease Agreement to termination by the Board. C. All subleases shall be subject to all of Concessionaire’s obligations hereunder. Subtenants must execute a written sublease containing an agreement to perform all of Concessionaire’s obligation hereunder during the term of the sublease. No sublease shall operate to release Concessionaire of its liabilities and obligations arising hereunder.