Which consent may not be unreasonably withheld

Sample 3. 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.

If this lease states that the Lessor 's consent is required for anything done or proposed to be done, then unless otherwise stated, in each case , the Lessor:. Whenever the Lessee requests any consent , permission , or approval which may be required or desired by the Lessee pursuant to the provisions hereof , the Lessor shall not unreasonably withhold or postpone the grant of such consent, permission, or approval.

The dispute between the parties concerned the proper construction of an agreement, concluded in , for the transportation and processing of hydrocarbons the TPA. The TPA included an attachment with estimated production profile which Apache sought to amend. The defendant stated that it would consent to the amendment only if the claimant agreed to revise the tariff payable under the TPA for the transportation and processing of hydrocarbons. Though it has to be noted that the Court accepted that the imposition of a condition against granting consent is not illegitimate per se; even where the consent-provider may acquire an entitlement to something it did not previously have.

But limited such imposition of condition where it results to a benefit that is «compensatory or mitigatory» against the consequences of providing consent. Each such dispute-attracting clause will be interpreted by, and depend on, its facts and the surrounding circumstances, granting guilty excitement to lawyers and tension to the parties. In order to avoid unwanted surprises, and give such phrase the intended meaning within a contract, it is to the benefit of the parties that they clarify and set out their intention.

In each such case, the parties should assess whether it is possible to stipulate expressly any conditions or type of parameters on which consent should be deemed reasonable or unreasonable to expect or deny. Not to be unreasonably withheld — whose reason is it? Introduction In negotiating contracts, we so often come across provisions whereby one party has to seek the consent of the other for certain rights, and such consent is «not to be unreasonably withheld».

The failure to respond in writing within any specified time period shall be deemed unconditioned approval of or consent to the relevant matter , provided that the party requesting such approval or consent gives written notice requesting a response at least two 2 business days prior to the expiration of the specified time period, if any.

Whenever any consent , action or authorization is required or requested of SUPPLIER hereunder, such consent, action or authorization shall not be unreasonably withheld or delayed. Unless otherwise specifically provided , whenever consent or approval of Landlord or Tenant is required under the terms of this Lease , such consent shall not be unreasonably withheld or delayed. Tenant's sole remedy , if Landlord unreasonably withholds or delays consent or approval, shall be an action for specific performance and Landlord shall not be liable for damages.

Except as otherwise specifically provided , whenever consent or approval of the Landlord or the Tenant is required under the terms of this Lease , such consent or approval shall not be unreasonably withheld or delayed. The Tenant's sole remedy if the Landlord unreasonably withholds or delays consent or approval shall be an action for specific performance or with respect to Article