Standards for Consent. If Tenant desires the consent of Landlord to a Transfer, Tenant shall submit to Landlord, at least thirty (30) days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may reasonably require about the proposed Transfer and the transferee. Landlord shall not unreasonably withhold, condition or delay its consent to any assignment or sublease. Landlord shall not be deemed to have unreasonably withheld its consent if, in the reasonable judgment of Landlord: (i) the tenancy or occupancy of the transferee may result in an adverse affect on the Class A image or reputation of the Complex; (ii) the financial condition of the transferee is such that it may not be able to perform its obligations in connection with the assignment or sublease; (iii) the purpose for which the transferee intends to use the Premises or portion thereof or the identity of the transferee is in violation of the terms of this Lease or the lease of any other tenant in the Complex; (iv) the transferee is a tenant of the Complex and Landlord has suitable space in the Complex available to lease to such party; or (v) any other reasonable basis. If Landlord consents to any Transfer, Tenant shall pay to Landlord fifty percent (50%) of all rent and other consideration received by Tenant in excess of the Rent paid by Tenant hereunder for the portion of the Premises so transferred (after deducting therefrom the amount of all reasonable and ordinary costs incurred in connection with the Transfer, to include but not be limited to, brokerage commissions, marketing expenses, free rent, cash allowances and tenant improvement costs actually paid by Tenant in connection with such Transfer). Such rent shall be paid as and when received by Tenant. In addition, Tenant shall pay to Landlord any attorneys’ fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents to such Transfer (not to exceed $2,000 for a routine transaction using Landlord’s prescribed forms).
Appears in 1 contract
Sources: Deed of Lease (Gtsi Corp)
Standards for Consent. If Tenant desires the consent of Landlord to a Transfer, Tenant shall submit to Landlord, at least thirty sixty (3060) days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may reasonably require about the proposed Transfer and the transferee. If Landlord does not terminate this Lease, in whole or in part, pursuant to Section 14C, Landlord shall not unreasonably withhold, condition or delay withhold its consent to any assignment or sublease. Landlord shall not be deemed to have unreasonably withheld its consent if, in the reasonable judgment of Landlord: (i) the tenancy transferee is of a character or occupancy of engaged in a business which is not in keeping with the transferee may result standards or criteria used by Landlord in an adverse affect on leasing the Class A image or reputation of the ComplexBuilding; (ii) the financial condition of the transferee is such that it may not be able to perform its obligations in connection with the assignment or subleasethis Lease; (iii) the purpose for which the transferee intends to use the Premises or portion thereof or the identity of the transferee is in violation of the terms of this Lease or the lease of any other tenant in the ComplexBuilding; (iv) the transferee is a tenant of the Complex and Landlord has suitable space in the Complex available to lease to such partyBuilding; or (v) any other reasonable basisbases which Landlord reasonably deems appropriate, including an assignment or sublease at less than the fair market rate for that would otherwise be charged for the premises. If Landlord wrongfully withholds its consent to any Transfer, Tenant’s sole and exclusive remedy therefor, shall be to seek specific performance of Landlord’s obligation to consent to such Transfer. If Landlord consents to any Transfer, Tenant shall pay to Landlord fifty one hundred percent (50100%) of all rent and other consideration received by Tenant in excess of the Rent paid by Tenant hereunder for the portion of the Premises so transferred (after deducting therefrom the amount of all reasonable and ordinary costs incurred in connection with the Transfer, to include but not be limited to, brokerage commissions, marketing expenses, free rent, cash allowances and tenant improvement costs actually paid by Tenant in connection with such Transfer)transferred. Such rent shall be paid as and when received by Tenant. In addition, Tenant shall pay to Landlord any attorneys’ fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents to such Transfer (not to exceed $2,000 for a routine transaction using Landlord’s prescribed forms)Transfer.
Appears in 1 contract
Standards for Consent. If Tenant desires the consent of Landlord to a Transfer, Tenant shall submit to Landlord, at least thirty (30) days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may reasonably require about the proposed Transfer and the transferee. Landlord shall not unreasonably withhold, condition or delay withhold its consent to any assignment or sublease, which consent or lack thereof shall be provided within thirty (30) days after receipt of Tenant's notice. Landlord shall not be deemed to have unreasonably withheld its consent if, in the reasonable judgment of Landlord: (i) the tenancy transferee is of a character or occupancy of engaged in a business which is not in keeping with the transferee may result standards or criteria used by Landlord in an adverse affect on leasing the Class A image or reputation of the ComplexBuilding; (ii) the financial condition of the transferee is such that it may not be able to perform its obligations in connection with the assignment or subleasethis Lease; (iii) the purpose for which the transferee intends to use the Premises or portion thereof or the identity of the transferee Tenant is in violation of the terms of default under this Lease Lease; or the lease of any other tenant in the Complex; (iv) in the transferee is judgment of Landlord, such a tenant Transfer would violate any term, condition, covenant or agreement of the Complex and Landlord has suitable space in involving the Complex available Building. The foregoing, however, is not intended to lease be an exhaustive list of reasonable reasons for Landlord to withhold such party; or (v) any other reasonable basisconsent. If Landlord consents wrongfully withholds its consent to any Transfer, Tenant Tenant's sole and exclusive remedy therefor shall pay be to Landlord fifty percent (50%) seek specific performance of all rent and other consideration received by Tenant in excess of the Rent paid by Tenant hereunder for the portion of the Premises so transferred (after deducting therefrom the amount of all reasonable and ordinary costs incurred in connection with the Landlord's obligation to consent to such Transfer, unless, however a finding is made by the court rendering the judgement that Landlord acted in malicious bad faith in withholding its consent to include but not be limited to, brokerage commissions, marketing expenses, free rent, cash allowances and tenant improvement costs actually paid by Tenant in connection with such Transfer). Such rent shall be paid as and when received by Tenant. In addition, Tenant shall pay to Landlord any attorneys’ fees and expenses incurred by Landlord in connection with any the proposed Transfer, whether or not Landlord consents in which case Tenant shall be entitled to such Transfer (not to exceed $2,000 for damages suffered by Tenant as a routine transaction using Landlord’s prescribed forms)result thereof.
Appears in 1 contract
Standards for Consent. If Tenant desires the consent of Landlord to a --------------------- Transfer, Tenant shall submit to Landlord, at least thirty (30) 30 days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may reasonably require about the proposed Transfer and the transferee. If Landlord does not terminate this Lease, in whole or in part, pursuant to Section 14C, Landlord shall not unreasonably withhold, condition or delay withhold its consent to any assignment or sublease. Landlord shall not be deemed to have unreasonably withheld its consent if, in the reasonable judgment of Landlord: (i) the tenancy transferee is of a character or occupancy of engaged in a business which is not in keeping with the transferee may result standards or criteria used by Landlord in an adverse affect on leasing the Class A image or reputation of the ComplexBuilding; (ii) the financial condition of the transferee is such that it may not be able to perform its obligations in connection with the assignment or subleasethis Lease; (iii) the purpose for which the transferee intends to use the Premises or portion thereof or the identity of the transferee is in violation of the terms of this Lease or the lease of any other tenant in the ComplexBuilding; (iv) the transferee is a tenant of the Complex and Building (unless Landlord has does not then itself have suitable space in available for leasing to the Complex available to lease to such partyproposed transferee); or (v) any other reasonable basisbases which Landlord reasonably deems appropriate. If Landlord consents to any Transfer, Tenant shall pay to Landlord fifty percent (50%) one-half of all rent and other consideration received by Tenant in excess of the Rent paid by Tenant to Landlord hereunder for the portion of the Premises so transferred (after deducting therefrom the amount of all reasonable and ordinary costs incurred in connection with the Transfer, to include but not be limited to, brokerage commissions, marketing expenses, free rent, cash allowances and tenant improvement costs actually paid by Tenant in connection with such Transfer)transferred. Such rent shall be paid as and when received by Tenant. In addition, Tenant shall pay to Landlord any reasonable attorneys’ ' fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents to such Transfer (which shall not to exceed $2,000 for 500, provided the Transfer is a routine transaction using typical sublease or assignment transaction). If Landlord wrongfully withholds its consent to any Transfer, Tenant's sole and exclusive remedy therefor, shall be to seek specific performance of Landlord’s prescribed forms)'s obligation to consent to such Transfer.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Standards for Consent. If Tenant desires the consent of Landlord to a Transfer, Tenant shall submit to Landlord, at least thirty sixty (3060) days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may reasonably require about the proposed Transfer and the transferee. If Landlord does not terminate this Lease, in whole or in part, pursuant to Section 14.C below, Landlord shall not unreasonably withhold, condition or delay withhold its consent to any assignment or sublease. Landlord shall not be deemed to have unreasonably withheld its consent if, in the reasonable judgment of Landlord: (i) the tenancy transferee is of a character or occupancy of engaged in a business which is not in keeping with the transferee may result standards or criteria used by Landlord in an adverse affect on leasing the Class A image or reputation of the ComplexBuilding; (ii) the financial condition of the transferee is such that it may not be able to perform its obligations in connection with the assignment or subleasethis Lease; (iii) the purpose for which the transferee intends to use the Premises or portion thereof or the identity of the transferee is in violation of the terms of this Lease or the lease of any other tenant in the ComplexBuilding; (iv) the transferee is a tenant of the Complex and Landlord has suitable space in the Complex available to lease to such partyBuilding; or (v) any other reasonable basisbases which Landlord reasonably deems appropriate. If Landlord wrongfully withholds its consent to any Transfer, Tenant's sole and exclusive remedy therefor, shall be to seek specific performance of Landlord's obligation to consent to such Transfer. If Landlord consents to any Transfer, Tenant shall pay to Landlord fifty percent (50%) of all rent and other consideration received by Tenant in excess of the Rent paid by Tenant hereunder for the portion of the Premises so transferred (after deducting therefrom the amount of all reasonable and ordinary costs incurred in connection with the Transfer, to include but not be limited to, brokerage commissions, marketing expenses, free rent, cash allowances and tenant improvement costs actually paid by Tenant in connection with such Transfer)transferred. Such rent shall be paid as and when received by Tenant. In addition, Tenant shall pay to Landlord any reasonable attorneys’ ' fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents to such Transfer (not to exceed $2,000 for a routine transaction using Landlord’s prescribed forms)Transfer.
Appears in 1 contract
Standards for Consent. If Tenant desires the consent of Landlord to a Transfer, Tenant shall submit to Landlord, at least thirty (30) days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may reasonably require about the proposed Transfer and the transferee. Landlord shall not unreasonably withhold, condition or delay withhold its consent to any assignment or subleaseproposed Transfers. Landlord shall not be deemed to have unreasonably withheld its consent if, in the reasonable judgment of Landlord: (i) the tenancy transferee is of a character or occupancy of engaged in a business which is not in keeping with the transferee may result standards or criteria used by Landlord in an adverse affect on leasing the Class A image or reputation of the ComplexBuilding; (ii) the financial condition of the transferee is such that it may not be able to perform its obligations in connection with the assignment or subleasethis Lease; (iii) the purpose for which the transferee intends to use the Leased Premises or portion thereof or the identity of the transferee is in violation of the terms of this Lease or the lease of any other tenant in the ComplexBuilding; (iv) the transferee is a tenant of the Complex and Building; (v) the transferee is a business competitor of Landlord has suitable space in the Complex available to lease to such partyor any affiliate of Landlord; or (vvi) any other reasonable basisbasis which Landlord reasonably deems appropriate. If Landlord consents wrongfully withholds its consent to any Transfer, Tenant Tenant's sole and exclusive remedy therefor shall pay be to seek specific performance of Landlord's obligation to consent to such Transfer. With respect to sub-section (iii) above, Landlord fifty percent (50%) shall notify Tenant, upon Tenant's written request, whether the transfer of all rent and other consideration received by Tenant in excess Tenant's interest under this Lease to any proposed Transferee, would violate the terms of the Rent paid by Tenant hereunder for lease of any other tenant in the portion Building; provided that, Landlord has received a reasonable amount of information relating to such transferee's intended use of the Premises so transferred (after deducting therefrom the amount of all reasonable and ordinary costs incurred in connection with the Transfer, to include but not be limited to, brokerage commissions, marketing expenses, free rent, cash allowances and tenant improvement costs actually paid by Tenant in connection with such Transfer). Such rent shall be paid as and when received by Tenant. In addition, Tenant shall pay to Landlord any attorneys’ fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents to such Transfer (not to exceed $2,000 for a routine transaction using Landlord’s prescribed forms)Leased Premises.
Appears in 1 contract
Sources: Office Lease (C Me Run Corp)
Standards for Consent. If Tenant desires the consent of Landlord to a ---------------------- Transfer, Tenant shall submit to Landlord, at least thirty twenty (3020) days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may reasonably require about the proposed Transfer and the transferee, together with a non-refundable processing fee in the amount of five hundred dollars ($500.00). Tenant shall also pay all reasonable attorneys' or other fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents to such Transfer. Landlord's consent or lack thereof shall be provided within twenty (20) days of receipt of Tenant's notice. If Landlord shall not unreasonably withholdrespond within such twenty (20) day period, condition or delay its consent it shall be deemed to any assignment or subleasehave consented to the proposed transfer. Landlord shall not be deemed to have unreasonably withheld its consent if, in the reasonable judgment of Landlord: (i) the tenancy or occupancy of i. the transferee may result is of a character or engaged in an adverse affect on a business which is not in keeping with the Class A image standards or reputation of criteria used by Landlord in leasing the ComplexBuilding; (ii) . the financial condition of the transferee is such that it may not be able to perform its obligations in connection with the assignment or subleasethis Lease; (iii) the purpose for which the transferee intends to use the Premises or portion thereof or the identity of the transferee is in violation of the terms of this Lease or the lease of any other tenant in the Complex; (iv) . the transferee is a tenant of the Complex and Landlord has suitable or negotiating for space in the Complex available to lease to such partyBuilding; iv. the transferee is a governmental unit; v. Tenant is in Default under this Lease; or (v) vi. in the judgment of Landlord, such a Transfer would violate any term, condition, covenant, or agreement of the Landlord involving the Building or any other reasonable basistenant's lease within it. If Landlord consents wrongfully withholds its consent to any Transfer, Tenant Tenant's sole and exclusive remedy therefor shall pay be to Landlord fifty percent (50%) seek specific performance of all rent and other consideration received by Tenant in excess of the Rent paid by Tenant hereunder for the portion of the Premises so transferred (after deducting therefrom the amount of all reasonable and ordinary costs incurred in connection with the Transfer, Landlord's obligation to include but not be limited to, brokerage commissions, marketing expenses, free rent, cash allowances and tenant improvement costs actually paid by Tenant in connection with consent to such Transfer). Such rent shall be paid as and when received by Tenant. In addition, Tenant shall pay to Landlord any attorneys’ fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents to such Transfer (not to exceed $2,000 for a routine transaction using Landlord’s prescribed forms).
Appears in 1 contract
Standards for Consent. If Tenant desires the consent of Landlord to a --------------------- Transfer, Tenant shall submit to Landlord, at least thirty (30) days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may reasonably require about the proposed Transfer and the transferee, together with a non-refundable processing fee in the amount of five hundred dollars ($500.00). Tenant shall also pay all reasonable attorneys' or other fees and expenses incurred by Landlord shall not unreasonably withhold, condition or delay its consent in connection with any proposed Transfer and paid to any assignment third party, whether or subleasenot Landlord consents to such Transfer. Landlord's consent or lack thereof shall be provided within thirty (30) days of receipt of Tenant's notice. Landlord shall not be deemed to have unreasonably withheld its consent if, in the reasonable judgment of Landlord: (i) the tenancy or occupancy of i. the transferee may result is of a character or engaged in an adverse affect on a business which is not in keeping with the Class A image standards or reputation of criteria used by Landlord in leasing the ComplexBuilding; (ii) . the financial condition of the transferee is such that it may not be able to perform its obligations in connection with the assignment or subleasethis Lease; (iii) the purpose for which the transferee intends to use the Premises or portion thereof or the identity of the transferee is in violation of the terms of this Lease or the lease of any other tenant in the Complex; (iv) . the transferee is a tenant of the Complex and Landlord has suitable or negotiating for space in the Complex available to Building; iv. the transferee is a governmental unit; v. Tenant is in Default under this Lease; vi. in the judgment of Landlord, such a Transfer would violate any term, condition, covenant, or agreement of the Landlord involving the Building or any other tenant's lease to such partywithin it; or (v) vii. any other reasonable basisbasis which Landlord reasonably deems appropriate. If Landlord consents wrongfully withholds its consent to any Transfer, Tenant Tenant's sole and exclusive remedy therefor shall pay be to Landlord fifty percent (50%) seek specific performance of all rent and other consideration received by Tenant in excess of the Rent paid by Tenant hereunder for the portion of the Premises so transferred (after deducting therefrom the amount of all reasonable and ordinary costs incurred in connection with the Transfer, Landlord's obligation to include but not be limited to, brokerage commissions, marketing expenses, free rent, cash allowances and tenant improvement costs actually paid by Tenant in connection with consent to such Transfer). Such rent shall be paid as and when received by Tenant. In addition, Tenant shall pay to Landlord any attorneys’ fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents to such Transfer (not to exceed $2,000 for a routine transaction using Landlord’s prescribed forms).
Appears in 1 contract
Standards for Consent. If Tenant desires the consent of Landlord to a --------------------- Transfer, Tenant shall submit to Landlord, at least thirty (30) 30 days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may reasonably require about the proposed Transfer and the transferee. If Landlord does not terminate this Lease, in whole or in part, pursuant to Section 14C, Landlord shall not unreasonably withhold, condition or delay withhold its consent to any assignment or sublease. Landlord shall not be deemed to have unreasonably withheld its consent if, in the reasonable judgment of Landlord: (i) the tenancy transferee is of a character or occupancy of engaged in a business which is not in keeping with the transferee may result standards or criteria used by Landlord in an adverse affect on leasing the Class A image or reputation of the ComplexBuilding; (ii) the financial condition of the transferee is such that it may not be able to perform its obligations in connection with the assignment or subleasethis Lease; (iii) the purpose for which the transferee intends to use the Premises or portion thereof or the identity of the transferee is in violation of the terms of this Lease or the lease of any other tenant in the ComplexBuilding; (iv) the transferee is a tenant of the Complex and Building (unless otherwise approved in writing by Landlord has suitable space in or less than 5% of the Complex rentable area of the Building is then available for leasing by Landlord to lease to such partythird parties); or (v) any other reasonable basisbases. If Landlord consents to any Transfersublease, Tenant shall pay to Landlord fifty percent (50%) % of all rent and other consideration received by Tenant in excess of the Rent paid by Tenant hereunder for the portion of the Premises so transferred sublet (after deducting therefrom the amount of all reasonable and ordinary costs incurred in connection with the Transfer, to include but not be limited to, brokerage commissions, marketing expenses, free rent, cash allowances and tenant improvement costs actually paid by Tenant in connection with such Transfersublease, which amount shall be amortized on a straight-line basis over the lease term of the applicable sublease). Such rent shall be paid as and when received by Tenant. In addition, Tenant shall pay to Landlord any reasonable attorneys’ ' fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents to such Transfer (not to exceed $2,000 for a routine transaction using Landlord’s prescribed forms)Transfer.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Standards for Consent. If Tenant desires the consent of Landlord to a --------------------- Transfer, Tenant shall submit to Landlord, at least thirty (30) 30 days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may reasonably require about the proposed Transfer and the transferee. Landlord shall not unreasonably withhold, withhold or condition or delay its consent to any assignment or sublease. Landlord shall notify Tenant whether Landlord withholds or conditions its consent within 15 days after Tenant has submitted to Landlord the written notice and accompanying information described above. Landlord shall not be deemed to have unreasonably withheld its consent if, in the reasonable judgment of Landlord: (i) the tenancy transferee is of a character or occupancy of engaged in a business which is not in keeping with the transferee may result standards or criteria used by Landlord in an adverse affect on leasing the Class A image or reputation of the ComplexBuilding; (ii) the financial condition of the transferee is such that it may not be able to perform its obligations in connection with the assignment or subleasethis Lease; (iii) the purpose for which the transferee intends to use the Premises or portion thereof or the identity of the transferee is in violation of the terms of this Lease or the lease of any other tenant in the Complex; (iv) the transferee is a tenant of the Complex and Landlord has suitable space in the Complex available to lease to such partyBuilding; or (viv) any other reasonable basisbases. If Landlord consents to any Transfer, Tenant shall pay to Landlord fifty percent (50%) % of all rent and other consideration received by Tenant in excess of the Rent paid by Tenant hereunder for the portion of the Premises so transferred (after deducting therefrom the amount of all reasonable and ordinary costs incurred in connection with the Transfer, to include but not be limited to, brokerage commissions, marketing expenses, free rent, cash allowances and tenant improvement costs actually paid by Tenant in connection with such Transfer, which amount shall be amortized on a straight-line basis over the lease term of the applicable Transfer). Such rent shall be paid as and when received by Tenant. In addition, Tenant shall pay to Landlord any attorneys’ ' fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents to such Transfer (not to exceed $2,000 for a routine transaction using Landlord’s prescribed forms)Transfer.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)