Common use of Right to Sublet Clause in Contracts

Right to Sublet. In addition to Tenant’s right, without Landlord’s consent, to enter into any sublease that is a Permitted Transfer, Tenant shall have the right to sublet all or any part of the Premises, provided that: (i) each sublease other than a Permitted Transfer contains a provision satisfactory to Landlord and to each Leasehold Mortgagee having an interest at the time the sublease is executed that requires the subtenant to attorn to Landlord or, in the event of any proceeding to foreclose any Leasehold Mortgage, to the Leasehold Mortgagee, or any person designated in a notice from Leasehold Mortgagee, if Tenant defaults under this Lease and if the subtenant is notified of Tenant’s default and instructed to make subtenant’s rental payments to Landlord or Leasehold Mortgagee or other designee; (ii) Tenant shall not accept, directly or indirectly, more than three (3) months’ prepaid rent from any subtenant; and (iii) Tenant shall not utilize the sublease process to subvert the occupancy transaction provisions concerning assignment and transfer, and Landlord’s rights thereunder as set forth above. Landlord shall have the right to approve the form of the sublease to be utilized with such subtenants, which approval shall not be unreasonably withheld, delayed or conditioned. The sublease shall require that each subtenant and the sublease associated with such subtenant is subordinate to the terms of this Lease. In the event of any conflict between this Lease and any sublease of Tenant, the provisions of this Lease shall prevail. Tenant agrees that it will provide Landlord with a copy of each sublease for any portion of the Premises upon execution thereof and to the extent the provision of any sublease are in conflict with this Lease the provisions of this Lease shall control.

Right to Sublet. In addition The TENANT shall be entitled to Tenant’s right, without Landlord’s consent, to enter into any sublease that is a Permitted Transfer, Tenant shall have sub let the right to sublet all LEASED PREMISES or any part thereof or assign the within AGREEMENT TO LEASE; provided, however, that the TENANT shall first obtain the written approval of the Premises, provided that: (i) each sublease other than a Permitted Transfer contains a provision satisfactory to Landlord and to each Leasehold Mortgagee having an interest at the time the sublease is executed that requires the subtenant to attorn to Landlord or, in the event of any proceeding to foreclose any Leasehold Mortgage, to the Leasehold Mortgagee, or any person designated in a notice from Leasehold Mortgagee, if Tenant defaults under this Lease and if the subtenant is notified of Tenant’s default and instructed to make subtenant’s rental payments to Landlord or Leasehold Mortgagee or other designee; (ii) Tenant shall not accept, directly or indirectly, more than three (3) months’ prepaid rent from any subtenant; and (iii) Tenant shall not utilize the sublease process to subvert the occupancy transaction provisions concerning assignment and transfer, and Landlord’s rights thereunder as set forth above. Landlord shall have the right to approve the form of the sublease to be utilized with such subtenants, LANDLORD which approval shall not be unreasonably withheld, delayed or conditioned. The sublease shall require that each subtenant ; and the sublease associated with LANDLORD as part of his approval in considering whether to grant such subtenant is subordinate consent, in addition to any other statutory or common law conditions or tests in respect to withholding of consent due regard may be given by the LANDLORD to the terms following conditions or tests, it being understood and agreed by each of this Leasethe LANDLORD and the TENANT that such are deemed to be reasonable grounds for the LANDLORD to use to determine whether or not to grant consent to and ASSIGNMENT or SUB LEASE, namely that: i. any such ASSIGNMENT or SUB LEASE shall be made to an ASSIGNEE or SUB LESSEE of good reputation and good capabilities in the business; and ii. any such ASSIGNMENT or SUB LEASE shall be to an ASSIGNEE or SUB LESSEE of substantial means and finances who shall be in a position to satisfactorily finance It’s business; and iii. any such ASSIGNMENT or SUB LEASE shall be made to an ASSIGNEE or a SUB LESSEE who shall have a history of successful business operations or, in the alternative upon such ASSIGNMENT or SUB LETTING shall retain the services of a Manager or other professional person who shall have a history of successful business operations; and iv. any such ASSIGNMENT or SUB-LEASE shall not be made to any ASSIGNEE or SUB-LESSEE whose USE conflicts with any other USE within the BUILDING at the time of the ASSIGNMENT or SUB-LEASE or any covenant that the LANDLORD may have made pursuant to USE. In addition the event of TENANT hereby Covenants that It will continue to remain responsible for all the TERMS, COVENANTS and CONDITIONS as contained herein notwithstanding any conflict between this Lease and any sublease of Tenant, the provisions of this Lease shall prevail. Tenant agrees that it will provide Landlord with a copy of each sublease for any portion ASSIGNMENT or SUB LETTING of the Premises upon execution thereof and to the extent the provision of any sublease are in conflict with this Lease the provisions of this Lease shall controlLEASED PREMISES.

Right to Sublet. In addition to Tenant’s right, without Landlord’s consent, to enter into any sublease that is a Permitted Transfer, Tenant Lessee shall have the absolute right to sublet all or any part or parts of the Premisespremises or the improvements or both, and to assign, encumber, extend, or renew any Sublease, provided that: the following provisions are complied with: (i1) Subject to Guarantors' rights to cure any default of Lessee under the terms of the Lease and to thereupon become substituted as Lessee hereunder, each sublease other than a Permitted Transfer contains Sublease shall contain a provision satisfactory to Landlord and to each Leasehold Mortgagee having an interest at the time the sublease is executed that requires the subtenant requiring Sublessee to attorn to Landlord orLessor, or in the event of any proceeding to foreclose any Leasehold Mortgageleasehold mortgage, to the Leasehold Mortgageeleasehold mortgagee, or any person designated in a notice from Leasehold Mortgageeleasehold mortgagee, if Tenant Lessee defaults under this Lease Lease, and Lessee and Guarantors fail to cure such default as provided for in the Lease, as if Lessor or said other persons were named as the Sublessor to said Sublessee and if the subtenant Sublessee is notified of Tenant’s Lessee's uncured default and instructed to make subtenant’s Sublessee's rental payments to Landlord Lessor or Leasehold Mortgagee leasehold mortgagee or designated person as in this paragraph. If Sublessee is not in default, the Sublease shall continue with the same force and effect as if Lessor and Sublessee had entered into a lease on the same provisions as those contained in the Sublease subject however to all the terms and provisions of this master Lease, and a provision to this effect shall be contained in each Sublease. Notwithstanding the foregoing, Lessor shall not notify any Sublessee of any default by Lessee of this Lease, or require Sublessee to attorn to Lessor, or other designee; designated person as in this paragraph, or request Sublessee to make any payment of rent directly to Lessor, until such time has passed, as provided for in the Lease, for Lessee and/or Guarantors to cure any such default. (ii2) Tenant Lessee shall, promptly after execution of each sublease, notify Lessor of the name and mailing address of the sublessee and shall, on demand, permit Lessor to examine and copy the sublease. (3) Lessee shall not accept, directly or indirectly, more than three six (36) months’ ' prepaid rent from any subtenant; and sublessee. (iii4) Tenant Each such sublease shall provide that the sublessee is not utilize to use or permit the sublease process to subvert the occupancy transaction provisions concerning assignment and transfer, and Landlord’s rights thereunder as set forth above. Landlord shall have the right to approve the form use of the sublease premises for any purpose contrary to be utilized with such subtenants, which approval shall not be unreasonably withheld, delayed or conditioned. The sublease shall require that each subtenant and the sublease associated with such subtenant is subordinate to the terms of this Lease. In the event of any conflict between this Lease and any sublease of Tenant, the provisions of this Lease lease. (5) Notwithstanding the foregoing, no sublease shall prevail. Tenant agrees that it will provide Landlord with a copy of each sublease for be made by Lessee which would involve any portion of the Premises upon execution thereof and to the extent the provision of any sublease are in conflict with this Lease uses prohibited by the provisions of this Lease shall controllease or the ordinances, resolutions, and regulations of the City of Walnut Creek.

Right to Sublet. In addition [Subject to Tenant’s rightparagraph ‎2.2 of this Part of the Schedule, without the] [The] Tenant may, with the Landlord’s 's consent, to enter into any sublease that is Sublet the whole of the Premises [or the whole of a Permitted Transfer, Tenant shall have the right Part] by an Approved Sublease to sublet all an Approved Subtenant. [The grant of a Sublease [or any part of the Premises, provided that: (i) each sublease other than a Permitted Transfer contains a provision satisfactory to Landlord and to each Leasehold Mortgagee having an interest at the time the sublease is executed that requires the subtenant to attorn to Landlord or, Sub-underlease] must not result in the event of any proceeding to foreclose any Leasehold Mortgage, to the Leasehold Mortgagee, or any person designated in a notice from Leasehold Mortgagee, if Tenant defaults under this Lease and if the subtenant is notified of Tenant’s default and instructed to make subtenant’s rental payments to Landlord or Leasehold Mortgagee or other designee; (ii) Tenant shall not accept, directly or indirectly, Premises being divided into more than three (3) months’ prepaid rent from [Insert number] self-contained units of occupation, taking into account any subtenant; and (iii) existing Subleases[ or Sub-underleases].] The Tenant shall not utilize must ensure the sublease process to subvert the occupancy transaction provisions concerning assignment and transfer, and Landlord’s rights thereunder as set forth above. Landlord shall have the right to approve the form of the sublease to be utilized Subtenant complies with such subtenants, which approval shall not be unreasonably withheld, delayed or conditioned. The sublease shall require that each subtenant and the sublease associated with such subtenant is subordinate to the terms of this Leaseits Sublease[ and any Sub-undertenant complies with the terms of its Sub-underlease]. In The Tenant must not reduce, defer, accelerate or commute any rent payable under any Sublease. On any review of the event rent payable under any Sublease, the Tenant must: review the rent payable under the Sublease in compliance with its terms; not agree the reviewed rent (or the appointment of any conflict between third party to decide it) without the Landlord's approval; include in the Tenant's representations to any third party any representations that the Landlord may require; and notify the Landlord what the reviewed rent is within two weeks of its agreement or resolution by a third party. The Tenant must not vary the terms or accept any renunciation of any Sublease without the Landlord's approval. Plans127 1 When deciding on the relevant Break Date, best practice is to make it the day before a rent payment date. This ensures that the Tenant is not legally obliged to pay a full month's or quarter's rent on the day on which this Lease and any sublease of Tenant, ends under the provisions of this Lease shall prevail. Tenant agrees that it will provide Landlord with a copy of each sublease for any portion of the Premises upon execution thereof and to the extent the provision of any sublease are in conflict with this Lease the provisions of this Lease shall controlbreak clause.