Common use of Standards for Consent Clause in Contracts

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 the business terms of the assignment or subletting, financial information and statements concerning the proposed transferee and such other 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). If Landlord does not terminate this Lease, in whole or in part, pursuant to Section 14.C hereof, 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 judgment of Landlord: (i) the transferee is of a character or engaged in a business which is not in keeping with the standards or criteria used by Landlord in leasing the Building; (ii) the financial condition of the transferee is such that it may not be able to perform its obligations in connection with this Lease or the sublease, as applicable; (iii) the transferee is a tenant of, or negotiating for space in, the Building, unless, with respect to a current tenant of the Building only, Landlord does not have, and will not have within three (3) months, comparable space available within the Building for a comparable term; (iv) the transferee is a governmental agency, entity or unit; (v) Tenant is in Default under this Lease; or (vi) in the judgment of Landlord, such a Transfer would violate any term, condition, covenant or agreement of Landlord involving the Building or any other tenant's lease within it. 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.

Appears in 1 contract

Sources: Office Space Lease Agreement (Bridgeline Software, Inc.)

Standards for Consent. If Tenant desires the consent of Landlord to a Transfer, Tenant shall submit to Landlord, at least thirty fifteen (3015) days (or 10 days in the case of a subletting during the first Lease Year) prior to the proposed effective date of the Transfer, a written notice ("Tenant's Transfer Notice") which includes the business terms of the assignment or subletting, financial information and statements concerning the proposed transferee and such other 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 five hundred dollars ($500.00), which fee shall be waived in the case of a subletting during the first Lease Year. If Landlord does not terminate this Lease, in whole or in part, pursuant to Section 14.C hereof14.C, 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 transferee is of a character or engaged in a business which is not in keeping consistent with the standards or criteria used by Landlord in leasing first-class nature of the Building; (ii) the financial condition transferee is a tenant of the transferee Building or any building in the Worldgate Office Park (i.e., the area of Herndon, Virginia commonly known as Worldgate Office Park) which is such that it may not be able to perform its obligations in connection with this Lease owned by Landlord or the subleasean affiliate of Landlord, as applicable; (iii) the transferee is negotiating (i.e., Landlord has at least executed a tenant of, or negotiating letter of intent with such transferee) for any space in, the Building, unless, with respect to a current tenant of in the Building onlyor any building in the Worldgate Office Park which is owned by Landlord or an affiliate of Landlord; provided, Landlord does however, that this item (iii) shall not have, and will not have within three apply to any Transfer that is a sublease for an aggregate period of four (34) months, comparable space available within years or less (including any possible renewal or extension periods pursuant to any renewal or extension options or other similar rights provided to the Building for a comparable termsubtenant); (iv) the transferee is a governmental agency, entity or unit; or (v) Tenant is in Default under this Lease; or (vi) in . The immediately preceding sentence shall not be deemed to be a limitation of the judgment of bases upon which Landlord, such a Transfer would violate any term, condition, covenant or agreement of Landlord involving the Building or any other tenant's lease within it. 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.

Appears in 1 contract

Sources: Office Space Lease (E Spire Communications Inc)