Common use of Not to Assign Clause in Contracts

Not to Assign. The Tenant agrees not to assign this Lease or interest herein, or sublet, license, transfer or part with possession of the Leased Premises, or any part thereof, (collectively called an “Assignment”) without first obtaining the prior written consent of the Landlord, which consent shall not be unreasonably withheld, delayed or conditioned, provided in all cases the Tenant remains bound by the terms, conditions and covenants of this Lease. In requesting the Landlord’s consent, the Tenant shall give the Landlord no less than ten (10) business days’ written notice of the terms of any contemplated Assignment, which notice shall specify the name and address of the proposed sublessee, assignee, or licensee with such financial statements, credit, character, and other references and information (including the type of business proposed to be conducted and carried out on the Leased Premises) as the Landlord may reasonably require. In the event that the Landlord should consent to any such Assignment, the Landlord shall nevertheless and does hereby reserve the right to approve any further Assignment, and may require, as a condition of the Landlord giving its consent to an assignment (but not to a sublease), that the assignee, sublessee, Licensee or person taking possession covenant directly with the Landlord to observe and perform the Tenant’s obligations contained in this Lease. The acceptance of Rental from or the performance of any obligation hereunder by a person other than the Tenant shall not be construed, in the absence of the prior express consent in writing of the Landlord, as an admission by the Landlord that such person has any right to or interest in the Leased Premises. Except with the express written consent of the Landlord, no permitted Assignment shall release the Tenant of its obligations hereunder. The Tenant shall pay to the Landlord as Additional Rental, the reasonable costs and fees of the Landlord associated with any request for a consent to an Assignment, such costs and fees not to exceed $1,500 per Assignment.

Not to Assign. The rights of the Tenant agrees not to assign under this Lease or interest hereinshall not be transferred, assigned, sold, or sublet, license, transfer mortgaged and the Tenant shall not sublet the whole or any part with possession of the Leased Premises, Premises nor grant any concession or license within or with respect to the Leased Premises (any part thereof, (collectively called an of which is herein referred to as a “AssignmentTransfer”) to any party without first obtaining in any case the prior written consent of the Landlord, which consent shall the Landlord may not be unreasonably withheld, delayed or conditionedwithhold, provided in all cases the Tenant remains bound by the terms, conditions and covenants of this Lease. In requesting the Landlord’s consent, the Tenant shall give that it will be reasonable for the Landlord no less than ten to withhold its consent if: (10i) business days’ written notice of the terms of any contemplated Assignment, which notice shall specify the name and address of the proposed sublesseetransferee, assignee, or licensee with such financial statementssublessee, credit, character, and other references and information (including or the type of business proposed to be conducted and carried out on the Leased Premises) as the Landlord may reasonably require. In the event that the Landlord should consent to any such Assignment, the Landlord shall nevertheless and does hereby reserve the right to approve any further Assignment, and may require, as a condition principal or principals of the Landlord giving its consent to an assignment (but not to a sublease)transferee, that the assignee, assignee or sublessee, Licensee or person taking possession covenant directly with the Landlord to observe and perform the Tenant’s obligations contained in this Lease. The acceptance of Rental from or the performance of any obligation hereunder by a person other than the Tenant shall not be construed, in the absence case of a corporation, is, in the prior express consent in writing reasonable opinion of the Landlord, as an admission by the Landlord that such person has any right to or interest not experienced enough in the operation of the business for which the Leased Premises. Except with Premises are hereby demised so as to prejudice the express written consent Landlord’s position hereunder; (ii) the transferee, assignee or sublessee, or the principal or principals of the transferee, assignee, or sublessee, is, in the opinion of the Landlord, no permitted Assignment shall release not financially sound enough to be responsible for the Tenant of its obligations being assumed hereunder. The Tenant shall pay ; (iii) if the transferee, assignee, or sublessee is a corporation, then an indemnifier or indemnifiers satisfactory to the Landlord as Additional Rentaland whose financial position is satisfactory to the Landlord acting reasonably, do not execute indemnities in form and substance satisfactory to the reasonable costs and fees Landlord; and (iv) the transferee, assignee, or sublessee does not execute a covenant in favour of the Landlord, in form and content satisfactory to the Landlord associated with whereby it or they will fully perform all of the obligations of the Tenant hereunder; provided that in any event the Landlord in granting or withholding consent may consider the background and status and business history of the proposed assignee, sublessee or occupant. The Landlord shall not be obliged to consider any request for or notice to approve any proposed Transfer except upon the Tenant delivering to the Landlord, in advance, a consent to an Assignment, such costs and fees sum not to exceed $1,500 per Assignment2,500.00 on account of the Landlord’s cost of reviewing such request for consent and documenting the proposed transfer, assignment, mortgage or sublease. All such documentation will be prepared by the Landlord’s solicitors.