Fill and Sign the Withholding Consent to Alienate If Your Landlord is in a Bad Form

21.01[3] Example 2: Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent In an attempt to circumvent the standards of reasonableness, many office lease forms will contain 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 following is an example of such a clause. Tenant shall neither assign this Lease nor sublet all or a portion of the Demised Premises without Landlord's prior written consent, which shall not be unreasonably withheld or delayed. Landlord may withhold such consent if it determines that: (a) the proposed assignee's or subtenant's financial condition is not sufficient to meet its obligations undertaken in such assignment or sublease; ... (e) such assignee's or subtenant's occupancy will cause a density of traffic or make demands on the Building's services, maintenance or facilities which materially exceed Tenant's traffic density or Building demands; (f) such assignee or subtenant is a tenant in the Building and Landlord has dealt with such assignee or subtenant within the last nine (9) months preceding the date of Tenant's request for Landlord's consent and/or is then dealing with such assignee or subtenant with respect to a renewal, expansion or relocation of all or a portion of such assignee's or subtenant's space in the Building; (g) Tenant at any time advertises or in any other way publicizes a rental rate which is less than the Landlord's then-advertised or listed rental rate for comparable space in the Building; and (h) Tenant proposes to assign or sublet to a governmental agency, a school, a retail establishment or a medical facility.