SUCH AGREEMENT OR MODIFICATION OPERATES TO
INCREASE THE OBLIGATIONS OF A TENANT UNDER THIS LEASE, THE LIABILITY UNDER THIS
SECTION 11.04 OF THE TENANT NAMED IN THE LEASE OR ANY OF ITS SUCCESSORS IN
INTEREST (UNLESS SUCH PARTY SHALL HAVE EXPRESSLY CONSENTED IN WRITING TO SUCH
AGREEMENT OR MODIFICATION), SHALL CONTINUE TO BE NO GREATER THAN IF SUCH
AGREEMENT OR MODIFICATION HAD NOT BEEN MADE.
TO CHARGE TENANT NAMED IN THIS
LEASE AND ITS SUCCESSORS IN INTEREST, NO DEMAND OR NOTICE OF ANY DEFAULT SHALL
BE REQUIRED; TENANT AND EACH OF ITS SUCCESSORS IN INTEREST HEREBY EXPRESSLY
WAIVES ANY SUCH DEMAND OR NOTICE.
11.05
LANDLORD SHALL NOT UNREASONABLY WITHHOLD OR DELAY ITS CONSENT TO AN
ASSIGNMENT OF THIS LEASE OR A SUBLETTING OF THE WHOLE OR A PART OF THE DEMISED
PREMISES FOR SUBSTANTIALLY THE REMAINDER OF THE TERM OF THIS LEASE, PROVIDED:
(A)
TENANT SHALL FURNISH LANDLORD WITH THE NAME AND BUSINESS ADDRESS
OF THE PROPOSED SUBTENANT OR ASSIGNEE, INFORMATION WITH RESPECT TO THE NATURE
AND CHARACTER OF THE PROPOSED SUBTENANT'S OR ASSIGNEE'S BUSINESS, OR ACTIVITIES,
AND CURRENT FINANCIAL INFORMATION WITH RESPECT TO NET WORTH, CREDIT AND
FINANCIAL RESPONSIBILITY AS ARE REASONABLY SATISFACTORY TO LANDLORD, AND AN
EXECUTED COUNTERPART OF THE SUBLEASE OR ASSIGNMENT AGREEMENT;
22
(B)
THE PROPOSED SUBTENANT OR ASSIGNEE IS A PARTY WHOSE FINANCIAL NET
WORTH, CREDIT AND FINANCIAL RESPONSIBILITY IS, CONSIDERING THE RESPONSIBILITIES
INVOLVED, REASONABLY SATISFACTORY TO LANDLORD;
(C)
THE NATURE AND CHARACTER OF THE PROPOSED SUBTENANT OR ASSIGNEE,
ITS BUSINESS OR ACTIVITIES AND INTENDED USE OF THE DEMISED PREMISES IS, IN
LANDLORD'S REASONABLE JUDGMENT, IN KEEPING WITH THE STANDARDS OF THE BUILDING
AND THE FLOOR OR FLOORS ON WHICH THE DEMISED PREMISES ARE LOCATED AND DO NOT
VIOLATE ANY NEGATIVE COVENANT AS TO USE CONTAINED IN THIS LEASE AND WILL NOT
VIOLATE ANY NEGATIVE COVENANT AS TO USE CONTAINED IN ANY OTHER LEASE OF SPACE IN
THE BUILDING ABOUT WHICH TENANT HAS BEEN INFORMED FOLLOWING ITS REQUEST TO
LANDLORD FOR SUCH INFORMATION;
(D)
THE PROPOSED SUBTENANT OR ASSIGNEE IS NOT THEN AN OCCUPANT OF ANY
PART OF THE BUILDING OR A PARTY WHO DEALT WITH LANDLORD OR LANDLORD'S AGENT
(DIRECTLY OR THROUGH A BROKER) WITH RESPECT TO SPACE IN THE BUILDING DURING THE
12 MONTHS IMMEDIATELY PRECEDING TENANT'S REQUEST FOR LANDLORD'S CONSENT;
(E)
ALL COSTS INCURRED WITH RESPECT TO PROVIDING REASONABLY
APPROPRIATE MEANS OF INGRESS AND EGRESS FROM THE SUBLET SPACE OR TO SEPARATE THE
SUBLET SPACE FROM THE REMAINDER OF THE DEMISED PREMISES SHALL, SUBJECT TO THE
PROVISIONS OF ARTICLE 6 WITH RESPECT TO ALTERATIONS, INSTALLATIONS, ADDITIONS OR
IMPROVEMENTS, BE BORNE BY TENANT;
(F)
EACH SUBLEASE SHALL SPECIFICALLY STATE THAT (I) IT IS SUBJECT TO
ALL THE TERMS, COVENANTS, AGREEMENTS, PROVISIONS, AND CONDITIONS OF THIS LEASE,
(II) THE SUBTENANT OR ASSIGNEE, AS THE CASE MAY BE, WILL NOT HAVE THE RIGHT TO A
FURTHER ASSIGNMENT THEREOF OR SUBLEASE OR ASSIGNMENT THEREUNDER, OR TO ALLOW THE
DEMISED PREMISES TO BE USED BY OTHERS, WITHOUT THE CONSENT OF LANDLORD IN EACH
INSTANCE;
(G)
TENANT