This office lease form contains a contractual right in the transfer clause for the landlord to withhold its consent for specific situations not usually prohibited under the reasonableness standard. The tenant shall neither assign the lease nor sublet all or a portion of the demised premises without the landlord's prior written consent. This form outlines the specific situation where the landlord may withhold such consent.
Guam Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent
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Multi-State
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US-OL21013
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How to fill out Transfer Clause Containing A Contractual Right For The Landlord To Withhold Consent?
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FAQ
When is a refusal to provide consent considered unreasonable? In general, a landlord is not considered to be acting reasonably if it refuses to provide consent to a Transfer for capricious or arbitrary reasons.
The phrase is typically used in assignment clauses: No Party may assign rights or obligations of this Agreement without the consent of the other Party, which consent shall not unreasonably be withheld or delayed.
By contrast, an assignment occurs when you transfer all your space to someone else (called an assignee) for the entire remaining term of the lease. As with a sublet, you are free to choose your assignee and determine the rent unless your lease says otherwise.
Whenever either Party requests any consent, permission, or approval which may be required or desired by that Party pursuant to the provisions of this Agreement, the other Party shall not unreasonably withhold or postpone the grant of such consent, permission, or approval.
Adults withholding consent Competent adults have an absolute right to withhold their consent to treatment for any reason, or for no reason at all. This is still true even if their refusal appears unreasonable or not in their own best interests.
Transfer clauses?sale by administrator. This precedent is transfer clauses, for use where a property is being sold by administrator. It contains provisions to be inserted into the transfer dealing with title guarantee, limitation of liability, the powers of the administrator and the execution clause.
Landlord's consent Unless the lease says otherwise, the landlord will have an absolute right to refuse consent and need not give reasons for its refusal. However, most commercial leases will provide that the landlord's consent is not to be unreasonably withheld.
