COST, LOSS OR EXPENSE RESULTING FROM ANY LOSS OF USE OF THE WHOLE OR ANY PART OF
THE PREMISES, THE BUILDINGS, THE PROJECT OR THE PARKING LOT AND/OR ANY
INCONVENIENCE OR ANNOYANCE OCCASIONED BY SUCH CONDEMNATION, REPAIR OR
RESTORATION.
22.02
CONDEMNATION PROCEEDS.
LANDLORD SHALL BE ENTITLED TO ANY AND ALL
COMPENSATION, DAMAGES, INCOME, RENT, AWARDS, OR ANY INTEREST THEREIN WHATSOEVER
WHICH MAY BE PAID OR MADE IN CONNECTION WITH THE TAKING, PURSUANT TO ANY
CONDEMNATION, OF THE BUILDINGS, THE LAND ON WHICH THE PROJECT IS LOCATED AND ALL
IMPROVEMENTS THEREON.
TENANT SHALL BE ENTITLED TO MAKE A SEPARATE CLAIM TO THE
CONDEMNING AUTHORITY FOR AN AWARD SEPARATELY ALLOCATED BY THE CONDEMNING
AUTHORITY TO TENANT FOR TENANT'S MOVING AND OTHER RELOCATION EXPENSES AND THE
VALUE OF TENANT'S PROPERTY, SO LONG AS SUCH AWARD DOES NOT REDUCE THE AMOUNT
PAYABLE BY THE CONDEMNING AUTHORITY TO LANDLORD.
29
ARTICLE XXIII
ASSIGNMENT AND SUBLETTING
23.01
ASSIGNMENT.
TENANT (I) SHALL NOT MORTGAGE, PLEDGE, HYPOTHECATE OR
ENCUMBER THIS LEASE OR ANY INTEREST HEREIN; (II) MAY ASSIGN ITS ENTIRE INTEREST
IN THIS LEASE OR SUBLEASE THE PREMISES OR ANY PART THEREOF OR ALLOW ANOTHER
PERSON TO OCCUPY OR USE THE PREMISES OR A PORTION THEREOF, WITH THE PRIOR
WRITTEN CONSENT OF LANDLORD (WHICH SHALL NOT BE UNREASONABLY WITHHELD OR
DELAYED) AS PROVIDED BELOW IN THIS PARAGRAPH OR AS PERMITTED WITHOUT CONSENT
PURSUANT TO PARAGRAPH 23.02; AND (III) SHALL NOT OTHERWISE TRANSFER AN INTEREST
IN THIS LEASE OR ANY RIGHT OR PRIVILEGE APPURTENANT THERETO.
NO ASSIGNMENT OR
OTHER TRANSFER OF THIS LEASE OR AN INTEREST HEREIN SHALL RELIEVE TENANT OF ANY
LIABILITY HEREUNDER.
IF TENANT DESIRES TO REQUEST LANDLORD'S CONSENT TO AN
ASSIGNMENT OR SUBLETTING, TENANT SHALL, NO LESS THAN THIRTY-FIVE (35) DAYS PRIOR
TO THE PROPOSED EFFECTIVE DATE, DELIVER TO LANDLORD BY CERTIFIED MAIL OR
OVERNIGHT DELIVERY BY A RECOGNIZED NATIONAL COURIER SERVICE A WRITTEN REQUEST
FOR CONSENT ACCOMPANIED BY FULL PARTICULARS CONCERNING THE PROPOSED ASSIGNMENT
OR SUBLEASE, INCLUDING THE FOLLOWING:
THE NAME AND ADDRESS OF THE PROPOSED
ASSIGNEE OR SUBTENANT AND THE NATURE AND CHARACTER OF THE BUSINESS OF THE
PROPOSED ASSIGNEE OR SUBTENANT; A COPY OF THE PROPOSED SUBLEASE OR ASSIGNMENT
AGREEMENT, INCLUDING ALL MATERIAL TERMS AND CONDITIONS THEREOF AND A DESCRIPTION
OF ALL MONETARY OR OTHER CONSIDERATION PAYABLE IN CONNECTION THEREWITH;
FINANCIAL STATEMENTS OF THE PROPOSED ASSIGNEE OR SUBTENANT CERTIFIED BY AN
INDEPENDENT PUBLIC ACCOUNTANT IF AVAILABLE AND PREPARED IN ACCORDANCE WITH GAAP;
PERTINENT INFORMATION APPROPRIATE FOR LANDLORD TO DETERMINE THE CREDIT,
CHARACTER, REPUTATION, EXPERIENCE AND BUSINESS STANDING OF THE PROPOSED ASSIGNEE
OR SUBTENANT; AND SUCH FURTHER INFORMATION AS TENANT DEEMS PERTINENT OR LANDLORD
MAY REASONABLY REQUEST.
LANDLORD SHALL WITHIN TWENTY (20) DAYS OF RECEIPT OF
THE FOREGOING REQUEST FOR CONSENT EITHER (X) CONSENT TO THE PROPOSED ASSIGNMENT
OR SUBLEASE, OR (Y) REFUSE ITS CONSENT TO THE PROPOSED ASSIGNMENT OR SUBLEASE,
PROVIDED THAT SUCH CONSENT SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONED OR
DELAYED.
LANDLORD SHALL RESPOND TO TENANT'S REQUEST WITHIN TWENTY (20) DAYS
FOLLOWING RECEIPT OF THE REQUEST AND SUCH PARTICULARS.
IN THE