THE REASONABLE OUT OF POCKET LEGAL COSTS INCURRED IN CONNECTION WITH THE
GRANTING OF ANY REQUESTED CONSENT; AND
(H)
TENANT SHALL NOT HAVE (I) PUBLICLY ADVERTISED (WHICH SHALL NOT
PROHIBIT THE LISTING OF THE SPACE WITH A LICENSED REAL ESTATE BROKER AND/OR A
LISTING SERVICE IN ACCORDANCE WITH THE TERMS OF THIS ARTICLE 7) THE AVAILABILITY
OF THE PREMISES WITHOUT PRIOR NOTICE TO AND APPROVAL BY LANDLORD OF THE CONTENT
THEREOF, NOR SHALL ANY ADVERTISEMENT STATE THE NAME (AS DISTINGUISHED FROM THE
ADDRESS) OF THE BUILDING OR THE PROPOSED RENTAL, OR (II) LISTED THE PREMISES FOR
SUBLETTING, WHETHER THROUGH A BROKER, AGENT, REPRESENTATIVE, OR OTHERWISE AT A
RENTAL RATE LESS THAN THE FIXED RENT AND ADDITIONAL CHARGES AT WHICH LANDLORD IS
THEN OFFERING TO LEASE OTHER SPACE IN THE BUILDING, BUT NOTHING CONTAINED IN
THIS ARTICLE 7 SHALL BE DEEMED TO (X) PROHIBIT TENANT FROM LISTING WITH BROKERS
AND/OR A LISTING SERVICE THE AVAILABILITY OF THE PREMISES FOR SUBLET OR
ASSIGNMENT OR (Y) PRECLUDE TENANT FROM ENTERING INTO A SUBLEASE OF ALL OR ANY
PORTION OF THE PREMISES OR AN ASSIGNMENT OF THIS LEASE AT ANY PRICE.
7.12
(A)
IN THE EVENT THAT IN CONNECTION WITH TENANT'S REQUEST
FOR LANDLORD'S CONSENT PURSUANT TO SECTION 7.11 HEREOF, THE PROPOSED SUBLEASE OR
PROPOSED ASSIGNMENT DELIVERED TO LANDLORD CONTAINS PROVISIONS WHICH ARE
"SUBSTANTIALLY DIFFERENT FROM" (AS HEREINAFTER DEFINED) THE TERMS SET FORTH IN
THE NOTICE DELIVERED TO LANDLORD PURSUANT TO SECTION 7.07 HEREOF, THEN IN SUCH
EVENT, TENANT'S REQUEST FOR CONSENT PURSUANT TO SECTION 7.11 HEREOF SHALL BE
DEEMED TO BE AN IRREVOCABLE OFFER FROM TENANT TO LANDLORD AS TO WHICH LANDLORD
27
SHALL HAVE ALL OF THE OPTIONS SET FORTH IN SECTION 7.07 HEREOF.
THE TERMS OF A
PROPOSED SUBLET OR PROPOSED ASSIGNMENT SHALL BE DEEMED "SUBSTANTIALLY DIFFERENT
FROM" THE TERMS SET FORTH IN THE NOTICE DELIVERED TO LANDLORD PURSUANT TO
SECTION 7.07 HEREOF IF THE ECONOMIC TERMS OF SUCH PROPOSED SUBLET OR ASSIGNMENT
ON AN AGGREGATE BASIS DIFFER BY MORE THAN FIVE (5%) PERCENT FROM THE TERMS
CONTAINED IN THE TERMS SET FORTH IN THE NOTICE DELIVERED TO LANDLORD PURSUANT TO
SECTION 7.07 HEREOF, TAKING INTO ACCOUNT ALL ECONOMIC ASPECTS OF SUCH PROPOSED
TRANSACTION, INCLUDING, WITHOUT LIMITATION, WHETHER A PROPOSED SUBLESSEE HAD
AGREED TO UNDERTAKE RESTORATION OF THE PREMISES AT THE END OF THE SUBLEASE TERM.
(B)
IN THE EVENT THAT LANDLORD FAILS TO EXERCISE ANY OF ITS OPTIONS
UNDER SECTION 7.07 HEREOF, AND TENANT FAILS TO REQUEST LANDLORD'S CONSENT TO AN
ASSIGNMENT OR SUBLEASE ON THE TERMS AND CONDITIONS SET FORTH IN THE NOTICE
DELIVERED TO LANDLORD PURSUANT TO SECTION 7.07 HEREOF WITHIN FIVE (5) MONTHS
FROM THE DATE OF LANDLORD'S RESPONSE TO SUCH NOTICE, THEN TENANT SHALL AGAIN
COMPLY WITH ALL OF THE PROVISIONS AND CONDITIONS OF SECTION 7.07 HEREOF BEFORE
ASSIGNING THIS LEASE OR SUBLETTING ALL OR PART OF THE PREMISES.
7.13
WITH RESPECT TO EACH AND EVERY SUBLEASE OR SUBLETTING AUTHORIZED BY
LANDLORD UNDER THE PROVISIONS OF THIS LEASE, IT IS FURTHER AGREED:
(A)
NO SUBLETTING