CCP 04-27-1998 - Laserfiche WebLink

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respect to any real estate brokerage commission(s) or any other costs or expenses incurred by Lessee in connection with its proposed subletting or assignment . (c) If Lessee complies with the provisions of paragraphs 12.6(a) and 12.6(b) above, and Lessor docs not exercise any of the options provided to Lessor under paragraph 12.6(b}, Lessor's consent to a proposed assignment or sublet shall not be withheld unreasonably, and shall be granted or refused within thirty (30) days after Lessor's receipt of all of the information that Lessee is required to deliver to Lessor pursuant to paragraph 12.6(b). If Lessor refuses such consent, Lessor shalt state the basis for such refusal. Without limiting the other instances in which it may be reasonable for Lessor to withhold its consent to an assignment or subletting, Lessor and Lessee acknowledge that it shall he rcasonahlc for Lessor to withhold its consent in the following instances: 1. The proposed assignee or sublessee is a governmental agency; 2. The use of the Premises by the proposed assignee or sublessee would involve occupancy in violation of paragraph 6 of this Lease; 3. In Lessor's reasonable judgment, the financial worth of the proposed assignee or sublessee does not meet the credit standards applied by Lessor or its investment advisors for other tenants under leases with comparable terms; 4. In Lessor's reasonable judgment, the proposed assignee or sublessee docs not have a good reputation as a tenant ofpropcrty; 5. Lessor has received from any prior lessor of the proposed assignee or subtenant a negative report concerning such prior lessor's experience with the proposed assignee or subtenant~ 6. Lessor has experienced previous defaults by or is in litigation with the proposed assignee or subtenant; 7. Thc use of the Premises by the proposed assignee or subtenant would violate any . applicable law, ordinance, regulation, or covenants, conditions, and restrictions; 8. The proposed assignment or sublease fails to include all of the terms and provisions required to be included therein pursuant to this paragraph 12; or 9. Lessee is in default of any of its obligations under this Lease, or Lessee has defaulted under this Lease on three or more occasions during the 12 months last preceding the date that Lessee has requested such consent. (d) In the case of an assignment, any sum or other economic consideration received ;;-, " by Lessee as a result of such assignment shall be paid to Lessor after first deducting the cost of any real estate commissions incurred in connection with such assignment. In the case of a subletting, any sum or economic consideration received by Lessee as a result of such subletting in excess of the monthly rental due hereunder (such monthly rental prorated if necessary to reflect only rental allocable to the sublet portion of the Premises) shall be paid to Lessor after first deducting (i) the cost of leasehold improvements made to the sublet portion of the Premises at Lessee's cost for the specific benefit oflhe sublessee, amortized over tbe term of the sublease, and (ii) the cost of any real estate commissions incurred in connection with sucb subletting, amortized over the term of the sublease. Upon Lessor's request, Lessee shall assign to Lessor all amounts to be paid to Lessee by any such subtenant or assignee and shall direct such subtenant or assignee to pay the same directly to Lessor. 13. Default; Remedies. 13.1 Default. The occurrence of anyone or more of the following events shall constitute a material default of this Lease by Lessee: (a) The vacating or abandonment of the Premises by Lessee. (b) The failure by Lessee to make any payment of rent or any other payment required . to be madc by Lessee hereunder, as and when due, where such failure continues for a period of tAroe (.1) ten (10) days after writtcn notice thereof from Lessor to Lessee. In the event that Lessor serves Lessee with a Notice to Pay Rent or Quit or summons and complaint pursuant to '\MINHEAroLl5\VOL1\5UPPO~TlAAOArA\"'MB\Ilom>d",R_U'''GlI.EEME'''.~~1oI<OI.d page 13 " (S:IMDA:TA\...tMB\GENEIU~\FORM;S\RErr.u'M.DOC) ~ /'