Extract to table

Assignment and Change-of-Control Provisions The Lease contains a standard assignment and subletting provision that prohibits the Tenant from assigning the Lease or subletting the premises, in whole or in part, without the prior written consent of the Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed

3, which provides that any transfer of a controlling interest in the Tenant entity — whether by merger, consolidation, sale of stock, or other transaction resulting in a change in the identity of the person or persons exercising effective control of the Tenant — shall be deemed an assignment of the Lease requiring the prior written consent of the Landlord

Accordingly, Landlord consent (from Gerald Boothe, as Managing Member of Mountainview) must be obtained for the Transaction itself, separate and apart from any consent required for the Phase II environmental investigation

5 provides that the Tenant's indemnification obligation "shall survive the expiration or earlier termination of this Lease

Crestline, as successor owner of ACC, must ensure that ACC's operations at the Clarksburg Facility do not violate the institutional controls

4 implies a right to investigate, but the absence of an express investigation right means that the Tenant must obtain the Landlord's consent before conducting soil borings, installing monitoring wells, or otherwise disturbing the subsurface