Shall have any rights or obligations to the other

Reference no: EM133669254

Problem

Tenant, Inc., the lessee of office space in an office building, planned to move its offices and sought a sublessee to take over the premises for the remainder of its lease term. Sublet, Inc. was interested in subleasing the premises, but it needed to make alterations to the premises to make them suitable for the conduct of its business. However, Tenant's lease forbad any alterations to the premises without the written permission of Prime Lessor, Inc., the lessor under the original lease to Tenant. This provision applied to any subtenant of the premises as well. Tenant and Sublet entered into a sublease of the premises that recorded the alterations that Sublet intended to make and stated:

Tenant shall obtain Prime Lessor's written consent to the proposed alterations specified in this sublease and deliver such consent to Sublet on or before January 30, 2022. If Sublet has not received Prime Lessor's written consent by that date, this sublease will be deemed to be null and void and of no further force or effect, and neither party shall have any rights or obligations to the other.

Tenant did get Prime Lessor's consent to the alterations in time, and informed Sublet of this by telephone on January 29, 2022. However, Tenant did not deliver Prime Lessor's written consent to Sublet until February 1, 2022. Sublet refused to go forward with the sublease, arguing that the condition requiring Prime Lessor's written consent had not been fulfilled because Tenant had failed to deliver the written consent to Sublet on time.

Might the answer be different if the provision stated, "Tenant shall obtain Prime Lessor's written consent to the proposed alterations specified in this sublease and submit it to Sublet on or before January 30, 2022. If Tenant does not submit Prime Lessor's consent to Sublet by that date, this sublease will be deemed to be null and void and of no further force or effect, and neither party shall have any rights or obligations to the other"?

Reference no: EM133669254

Questions Cloud

Describe the mechanism of action of vasodilators : Describe a hypertensive crisis. Describe the mechanism of action of vasodilators. What are lipoproteins? What is the normal range of blood pressure?

You are to vote on whether or not to install lights : You are to vote on whether or not to install lights at Wrigley Field. If you do not, Jonah and other disgruntled minority shareholders will sue

How do you demonstrate a commitment to excellence in nursing : How do you demonstrate a commitment to excellence in nursing practice through continuous learning, critical inquiry, innovation and self reflection.

What protections are afforded to the child : What protections are afforded to the child based on the laws and regulations? 3-year-old with down syndrome

Shall have any rights or obligations to the other : If Tenant does not submit Prime Lessor's consent to Sublet by that date, this sublease will be deemed to be null and void and of no further force or effect

How/why do the example meet or do not meet stated competency : How/why do the examples meet or do not meet the stated competency? What sphere of care do the examples come from (with rationale)?

How will advise the guide staff during operations process : How will you advise the commander and guide the staff during the operations process (consider three major takeaways and the application to accomplish this)?

Discuss the parens patriae doctrine : Discuss the Parens Patriae doctrine. How does the juvenile justice system use this doctrine today?

Describe your though process in arriving at your conclusion : Describe your though process in arriving at your conclusion, including consideration for reasonable suspicion and probable cause.

User Account

All Pages