Right of First. Refusal If at any time during the term of this Sublease, Sublessor desires to sublease any other space Sublessor has remaining under the Main Lease, and receives a bona fide offer from a third party that Sublessor is willing and proposes to accept, Sublessor shall give sublessee the right of first refusal to sublease such space an terms and conditions not less favorable to Sublessee than those contained in the bond fide offer. Upon receipt of such offer (which can be a letter of intent), Sublessor shall immediately notify Sublessee in writing of the rental price and terms of the bona fide offer along with the name and address of the offeror and Sublessee shall have five (5) business days within which to elect to exercise its right to sublease the space. If, during this five (5) day period, Sublessee elects to sublease the space, Sublessee shall so notify Sublessor in writing and the parties shall execute a sublease of the space within ten (10) business days immediately following the expiration of the five (5) day option period. Should Sublessee fail to notify Sublessor in writing during the five (5) day option period, then Sublessor may sublease to the third party at the rental price and on the terms set forth in the bona fide offer. 12. General (a) This Sublease embodies the entire agreement between the parties hereto relative to the subject matter hereof and shall not be modified, changed, or altered in any respect except in writing. (b) The covenants agreements, and obligations herein contained shall extend to, bind, and inure to the benefit not only of the parties hereto but their successors and assigns; and where more than one party shall be Sublessor under this Sublease, the word "Sublessor" whenever used in this Sublease shall be deemed to include all such parties jointly and severally. (c) Whenever under this Sublease, a provision is made for notice of any kind, such notice shall be in writing and signed by or on behalf of the party giving or making the same, and it shall be deemed sufficient notice and service thereof if such notice is sent by registered or certified mail, postage prepaid, to the address furnished for such purpose. Copies of any notices to the Sublessee shall also be sent to (1) Coca-Cola Enterprises Inc., ▇.▇. ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attn: ▇▇▇▇ ▇▇▇▇▇, Real Estate Manager, and (2) Coca-Cola Enterprises Inc., ▇.▇. ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇ ▇.
Appears in 1 contract
Right of First. Refusal If at Offer Sublandlord hereby grants to Subtenant a right of first offer ("Right of First Offer") with respect to the ▇.▇▇▇▇▇▇▇ Corporation Lab area, consisting of approximately 3,000 square feet, located adjacent to the Premises as depicted on Exhibit "B" ("Expansion Space"). Subtenant's Right of First Offer shall be on the terms and conditions set forth in this Section 6. The First Offer Right shall begin only after the expiration or earlier termination of the Sublease Agreement between Sublandlord and ▇.▇▇▇▇▇▇▇ Corporation, a Delaware corporation, including any renewal or extension of such sublease (whether or not such renewal or extension is under an express written provision in such sublease or consummated under a sublease amendment or new sublease). At any time during the term of this Sublease, Sublessor desires if Sublandlord determines that any Expansion Space will become available for lease to sublease any other space Sublessor has remaining third parties, Sublandlord shall provide Subtenant with written notice ("First Offer Notice"). The First Offer Notice shall (a) describe the Expansion Space that will become available for lease; and (b) state all the material terms under the Main Lease, and receives a bona fide which Sublandlord intends to offer from a third party that Sublessor is willing and proposes to accept, Sublessor shall give sublessee the right of first refusal to sublease such space an terms and conditions not less favorable to Sublessee than those contained in the bond fide offerother prospective subtenants. Upon receipt of such offer (which can be a letter of intent), Sublessor shall immediately notify Sublessee in writing of the rental price and terms of the bona fide offer along with the name and address of the offeror and Sublessee Subtenant shall have five (5) business days within from and after the receipt of the First Offer Notice from Sublandlord, in which to elect to exercise its right to sublease lease the space. If, during this five (5) day period, Sublessee elects to sublease the space, Sublessee shall so notify Sublessor in writing and the parties shall execute a sublease of the space within ten (10) business days immediately following the expiration of the five (5) day option period. Should Sublessee fail to notify Sublessor in writing during the five (5) day option period, then Sublessor may sublease to the third party Expansion Space at the rental price rate and on the terms set forth and conditions contained in the bona fide offerFirst Offer Notice. 12If Subtenant does not elect to lease the Expansion Space, then Subtenant's Right of First Offer shall terminate and Sublandlord shall be free to lease the Expansion Space to anyone on any terms at any time during the Term, without any obligation to provide Subtenant with a further right to lease that space. GeneralSubtenant's election to lease the Expansion Space described in the First Offer Notice, shall be subject to the following conditions:
(a) This 6.1 The First Offer Right may be exercised only by written notice delivered by Subtenant to Sublandlord within the five business day period following receipt by Subtenant of the First Offer Notice;
6.2 Subtenant is not in default under this Sublease embodies at the time of exercise or as of the date of the scheduled date of delivery of the specific Expansion Space;
6.3 The exercise of the First Offer Right by Subtenant shall be irrevocable and shall cover the entire agreement between Expansion Space described in the parties hereto relative First Offer Notice; and
6.4 The rights contained in this Section 6, shall be personal to the subject matter hereof originally name Subtenant and shall may be exercised only by the originally named Subtenant (and not be modifiedany assignee, changedsublessee, or altered other transferee of Subtenant's interest in any respect except in writing.
(b) The covenants agreements, and obligations herein contained shall extend to, bind, and inure to this Lease). If Subtenant properly exercises the benefit not only of the parties hereto but their successors and assigns; and where more than one party shall be Sublessor First Offer Right under this Sublease, the word "Sublessor" whenever used in this Sublease shall be deemed to include all such parties jointly and severally.
(c) Whenever under this Sublease, a provision is made for notice of any kind, such notice shall be in writing and signed by or on behalf of the party giving or making the same, and it shall be deemed sufficient notice and service thereof if such notice is sent by registered or certified mail, postage prepaid, to the address furnished for such purpose. Copies of any notices to the Sublessee shall also be sent to (1) Coca-Cola Enterprises Inc., ▇.▇. ▇▇▇ ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇shall deliver the specific Expansion Space to Subtenant on the date set forth in the First Offer Notice ("Delivery Date") in its AS-▇▇▇▇IS condition, Attn: ▇▇▇▇ ▇▇▇▇▇, Real Estate Managerthe specific Expansion Space shall become part of the Premises, and the Base Rent and Subtenant's Proportionate Share shall be adjusted (2in accordance with the First Offer Notice) Coca-Cola Enterprises Inc.and shall commence on the Delivery Date. Subtenant's lease of the specific Expansion Space shall be on the same terms and conditions as affect the original Premises from time to time, ▇except as otherwise provided in this Section 6.▇. ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇ ▇.
Appears in 1 contract
Right of First. Refusal If at any time during the term of this Sublease, Sublessor desires to sublease any other space Sublessor has remaining under the Main Lease, and receives a bona fide offer from a third party that Sublessor is willing and proposes to accept, Sublessor Offer City shall give sublessee have the right of first refusal to sublease such space an terms and conditions not less favorable to Sublessee than those contained in the bond fide offer. Upon receipt of such offer (which can be a letter the “Right of intent), Sublessor shall immediately notify Sublessee in writing First Offer”) as hereinafter described to lease any space (“First Offer Space”) on the second floor of the rental price building which Lessor proposes to lease for a term commencing during the First Offer Period. For purposes of this Section, the term “First Offer Period” means the Term of this Lease and terms any extensions and renewals. The lease of any First Offer Space shall be for a term beginning on the Effective Date for such First Offer Space and ending contemporaneously with the expiration of the bona fide Term and any renewals or extensions, unless sooner terminated as provided in this Lease. The Right of First Offer is exercisable at the following times and upon the following conditions: Prior to leasing any First Offer Space to a new tenant for a term commencing during the First Offer Period, Lessor shall provide written notice thereof to City (“Lessor’s Notice”) and shall include in Lessor’s Notice an offer along with to City to lease such First Offer Space at the name and address of the offeror and Sublessee First Offer Prevailing Market Rate (as defined below). City shall have a period of five (5) business days after the date of delivery of Lessor’s Notice to inspect the First Offer Space and to notify Lessor (“City’s Notice”) whether City elects to exercise the right granted hereby to lease such First Offer Space, and to inform the Lessor of any required repairs or clean-up to it. If City fails to give City’s Notice to Lessor within which the required five (5) business day period, City shall be deemed to elect have failed to exercise its right to sublease lease such First Offer Space, and Lessor shall be free to lease the spaceFirst Offer Space to third parties without further notice to the City. IfIn the event that City exercises its Right of First Offer as provided herein, during Lessor and City shall enter into a written agreement modifying and supplementing this five (5) day period, Sublessee elects Lease and containing other appropriate terms and provisions relating to sublease the space, Sublessee shall so notify Sublessor in writing and addition to the parties shall execute a sublease Premises of the First Offer Space being leased. The monthly Base Rent per square foot of rentable area to be paid under this Lease for the First Offer Space so leased shall be Fair Market Rent, as described in Part B Section 11, but in no case shall the base rent per square foot be less than the rate that the Lessee is paying on the Premises space within ten (10) business days immediately following currently under lease. Monthly Base Rent for the expiration First Offer Space for any partial month shall be prorated. The payment of the five (5) day option period. Should Sublessee fail to notify Sublessor in writing during monthly Base Rent for the five (5) day option period, then Sublessor may sublease to the third party at the rental price and First Offer Space so leased shall commence on the terms set forth in date (the bona fide offer. 12. General
“Effective Date”) which is the later of (ai) This Sublease embodies the entire agreement between the parties hereto relative to the subject matter hereof and shall not be modified, changed, or altered in any respect except in writing.
(b) The covenants agreements, and obligations herein contained shall extend to, bind, and inure to the benefit not only of the parties hereto but their successors and assigns; and where more than one party shall be Sublessor under this Sublease, the word "Sublessor" whenever used in this Sublease shall be deemed to include all such parties jointly and severally.
(c) Whenever under this Sublease, a provision is made for notice of any kind, such notice shall be in writing and signed by or on behalf of the party giving or making the same, and it shall be deemed sufficient notice and service thereof if such notice is sent by registered or certified mail, postage prepaid, to the address furnished for such purpose. Copies of any notices to the Sublessee shall also be sent to (1) Cocaday after the termination date of the term of the lease, if any, with another tenant for such First Offer Space, or (ii)when the Lessor delivers the space in as-Cola Enterprises Inc.is, ▇.▇but broom clean condition. ▇▇▇ ▇▇▇▇▇▇The First Offer Space shall be tendered to City in an “as is” condition and Lessor shall have no obligation to alter, ▇▇▇▇▇▇▇remodel, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇decorate or improve the First Offer Space (or to pay for any such work). For purposes hereof, Attn: ▇▇▇▇ ▇▇▇▇▇“First Offer Prevailing Market Rate” shall mean the prevailing market rate per square foot of rentable area for terms commencing on or about the pertinent Effective Date for space in the building and in comparable buildings in the South Seattle industrial area, Real Estate Managerwhich includes the areas known as SODO, Georgetown, and (2) Coca-Cola Enterprises Inc.the Rainier Valley Business District, ▇comparable to the First Offer Space being leased, as reasonably determined by Lessor. The determination of First Offer Prevailing Market Rate shall take into account any material economic differences between the terms of the lease of the First Offer Space pursuant to this Article and any comparison lease, such as, and the manner thereunder, if any, in which Lessor or the other lessor under any such lease is reimbursed for operating expenses and taxes.▇. ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇ ▇.
Appears in 1 contract
Sources: Lease Agreement
Right of First. Refusal If at any time during the term of this Sublease, Sublessor desires #1 (Suite 114): Landlord hereby grants to sublease any other space Sublessor has remaining under the Main Lease, and receives a bona fide offer from a third party that Sublessor is willing and proposes to accept, Sublessor shall give sublessee Tenant the right of first refusal to sublease such lease all of the adjacent space an containing 5,400 rentable square feet, known as Suite 114, (the "Adjacent Space #1") upon the terms and conditions contained herein. So long as Tenant is not less favorable then in default under the Lease, Landlord will notify Tenant when it has made a proposal to Sublessee than those contained in the bond fide offer. Upon receipt of such offer (which can be a letter of intent), Sublessor shall immediately notify Sublessee in writing lease any portion of the rental price Adjacent Space #1 to a third party (other than BellSouth Entertainment, Inc.) and the terms and conditions upon which it is willing to lease such space. Tenant shall provide written notice to Landlord, as to Tenant's decision to lease or not to lease that portion of the bona fide offer along with the name and address of the offeror and Sublessee shall have five Adjacent Space #1 within seven (57) business days within which after Landlord's notice to elect to Tenant is received. If Tenant does not provide written notice or indicates that it will not exercise its right of first refusal, this right will expire and Landlord shall have no future obligations to sublease Tenant with regard to that portion of the spaceAdjacent Space #1 which was subject to such notice. IfIf Tenant does provide such notice to lease the Adjacent Space #1 for a term not to exceed the remaining initial term of this Lease, during this five (5) day period, Sublessee elects to sublease the space, Sublessee shall so notify Sublessor in writing Landlord and the parties shall Tenant will execute a sublease lease for the Adjacent Space #1 within a reasonable time after Land▇▇▇▇'▇ ▇eceipt of Tenant's notice of intent to lease on all the same terms as this Lease except for the rental terms, and other matters which shall be mutually agreed upon by Landlord and Tenant. This right of first refusal to lease the Adjacent Space #1 is personal to Horizon Pharmaceutical Corporation and may not be assigned in connection with an assignment of this Lease or otherwise, except for an assignment as contemplated in Section 20.02. This right is subordinate to the rights to BellSouth Entertainment, Inc. to lease the space within ten (10) business days immediately following the expiration of the five (5) day option period. Should Sublessee fail to notify Sublessor as contained in writing during the five (5) day option period, then Sublessor may sublease to the third party at the rental price that certain Lease Agreement by and on the terms set forth in the bona fide offer. 12. General
(a) This Sublease embodies the entire agreement between the parties hereto relative to the subject matter hereof and shall not be modified, changed, or altered in any respect except in writing.
(b) The covenants agreements, and obligations herein contained shall extend to, bind, and inure to the benefit not only of the parties hereto but their successors and assigns; and where more than one party shall be Sublessor under this Sublease, the word "Sublessor" whenever used in this Sublease shall be deemed to include all such parties jointly and severally.
(c) Whenever under this Sublease, a provision is made for notice of any kind, such notice shall be in writing and signed by or on behalf of the party giving or making the same, and it shall be deemed sufficient notice and service thereof if such notice is sent by registered or certified mail, postage prepaid, to the address furnished for such purpose. Copies of any notices to the Sublessee shall also be sent to (1) Coca-Cola Enterprises Inc., ▇.▇. ▇ASC North Fult▇▇ ▇▇▇▇▇▇ociates Joint Venture and BellSouth Entertainment, ▇▇▇▇▇▇▇Inc. dated July 2, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attn: ▇▇▇▇ ▇▇▇▇▇, Real Estate Manager, and (2) Coca-Cola Enterprises Inc., ▇1997.▇. ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇ ▇.
Appears in 1 contract
Sources: Lease Agreement (First Horizon Pharmaceutical Corp)
Right of First. Refusal If at any time during OFFER Landlord hereby grants Tenant the term Right of this SubleaseFirst Offer to lease the contiguous space of 2,758 rentable square feet on the 8th Floor of the Building, Sublessor desires presently vacant and shown outlined on the floor plan annexed hereto as Exhibit A ("First Offer Space"), upon the following terms and conditions:
(a) Landlord will give Tenant written notice when Landlord is about to sublease any other space Sublessor has remaining under begin negotiations to lease all or a portion of the Main Lease, and receives a bona fide offer from First Offer Space to a third party that Sublessor is willing and proposes to accept, Sublessor shall give sublessee the right of first refusal to sublease such space an terms and conditions not less favorable to Sublessee than those contained in the bond fide offer. Upon receipt of such offer (which can be a letter of intent), Sublessor shall immediately notify Sublessee in writing of the rental price and terms of the bona fide offer along with the name and address of the offeror and Sublessee Tenant shall have five (5) business days within which to elect to exercise its right to sublease the space. If, during this five (5) day period, Sublessee elects to sublease the space, Sublessee shall so notify Sublessor in writing and the parties shall execute a sublease of the space within ten (10) business days immediately following the expiration after receipt of such notice to notify Landlord of its exercise of the five (5) day option period. Should Sublessee fail to notify Sublessor in writing during the five (5) day option period, then Sublessor may sublease to the third party at the rental price and on the terms set forth in the bona fide offer. 12. General
(a) This Sublease embodies the entire agreement between the parties hereto relative to the subject matter hereof and shall not be modified, changed, or altered in any respect except in writing.Right hereunder;
(b) The covenants agreements, and obligations herein contained shall extend to, bind, and inure to At the benefit not only time Tenant notifies Landlord of its exercise of the parties hereto but their successors and assigns; and where more than one party Right, Tenant shall not be Sublessor in default under this Sublease, any of the word "Sublessor" whenever used in this Sublease shall be deemed to include all such parties jointly and severally.provisions of the Lease beyond any applicable cure period;
(c) Whenever under this Sublease, a provision is made Base Rent for notice of any kind, such notice the First Offer Space shall be in writing and signed at the same annual Base Rents payable by or on behalf Tenant with respect to the Premises;
(d) Tenant's Percentage under Article 5 above shall be increased by 1.068%;
(e) The effective date of the party giving or making addition of the same, and it First Offer Space to the Premises shall be deemed sufficient the 31st day after Tenant's receipt of Landlord's notice under (a) above;
(f) Tenant agrees to accept the First Offer Space in "as is" condition, in the physical state and service condition thereof if such notice is sent by registered or certified mailon the effective date under (e) above, postage prepaidprovided that Landlord shall contribute a construction allowance of $.22 per rentable square foot of the First Offer Space per month remaining in the initial term of the Lease from and after the effective date under (e) above;
(g) Except for the provisions of paragraphs (c), to the address furnished for such purpose. Copies of any notices to the Sublessee shall also be sent to (1) Coca-Cola Enterprises Inc., ▇.▇. ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attn: ▇▇▇▇ ▇▇▇▇▇, Real Estate Managerd), and (2f) Coca-Cola Enterprises Inc.above, ▇Tenant's lease of the First offer Space shall be upon the same terms and conditions contained in the Lease; and
(h) Upon Tenant's failure to exercise its Right of First Offer with respect to the First Offer Space, or any part thereof from time to time, within the time period provided under (a) above, Landlord shall have the right to pursue its negotiations for a lease of the First Offer Space, or part thereof, as the case may be, with the third party.▇. ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇ ▇.
Appears in 1 contract
Sources: Lease (Judge Group Inc)
Right of First. Refusal If at OFFER Provided no Event of Default exists under this Lease after any time during the term of this Subleaseapplicable cure period has expired, Sublessor desires to sublease any other space Sublessor has remaining under the Main Lease, and receives Tenant shall have a bona fide offer from a third party that Sublessor is willing and proposes to accept, Sublessor shall give sublessee the right of first refusal offer to sublease lease any contiguous available space in the Building during the initial Lease Term. If Landlord desires to offer for lease any such contiguous available space, Landlord shall so notify Tenant in writing, which notice (the "FIRST OFFER NOTICE") shall also include the [ILLEGIBLE] ----------- INITIALS new Base Rent amount for such space an terms and conditions not less favorable to Sublessee than those contained (calculated in the bond fide offeraccordance with this Article 1(e)). Upon receipt of such offer (which can be a letter of intent), Sublessor shall immediately notify Sublessee in writing of the rental price and terms of the bona fide offer along with the name and address of the offeror and Sublessee Tenant shall have five (5) business days within following receipt of the First Offer Notice to notify Landlord of its intention to lease such space, which notice of intent from Tenant (the "NOTICE OF INTENT") shall be irrevocable. If Tenant gives such Notice of Intent, the terms of such lease with respect to elect the expansion space shall be the same terms and conditions as this Lease (including without limitation the same initial Lease Term expiration date and Extension Term), except that the Base Rent for such space shall be equal to exercise its right the average prevailing Base Rent per rentable square foot in the Building. Notwithstanding anything to sublease the space. Ifcontrary herein, during this if there is less than five (5) day periodyears remaining in the initial Lease Term, Sublessee elects then the Tenant Improvement Allowance for such contiguous space shall be prorated based on the number of months remaining in the initial Lease Term. If Tenant fails to sublease give the space, Sublessee shall so notify Sublessor in writing and the parties shall execute a sublease Notice of the space Intent within ten (10) business days immediately following the expiration of the five (5) day option period. Should Sublessee fail to notify Sublessor in writing during the five (5) day option periodbusiness days following receipt of Landlord's First Offer Notice, then Sublessor may sublease to the third party at the rental price and on the terms right set forth in the bona fide offer. 12. General
(athis Article 1(f) This Sublease embodies the entire agreement between the parties hereto relative to the subject matter hereof shall automatically terminate and shall not be modified, changed, or altered in any respect except in writing.
(b) The covenants agreements, and obligations herein contained shall extend to, bind, and inure to the benefit not only of the parties hereto but their successors and assigns; and where more than one party Landlord shall be Sublessor under this Subleasefree to market such space to potential tenants, the word "Sublessor" whenever used in this Sublease shall be deemed with no further obligation to include all re-offer such parties jointly and severallyspace to Tenant.
(c) Whenever under this Sublease, a provision is made for notice of any kind, such notice shall be in writing and signed by or on behalf of the party giving or making the same, and it shall be deemed sufficient notice and service thereof if such notice is sent by registered or certified mail, postage prepaid, to the address furnished for such purpose. Copies of any notices to the Sublessee shall also be sent to (1) Coca-Cola Enterprises Inc., ▇.▇. ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attn: ▇▇▇▇ ▇▇▇▇▇, Real Estate Manager, and (2) Coca-Cola Enterprises Inc., ▇.▇. ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇ ▇.
Appears in 1 contract
Sources: Office Lease (Mesa Air Group Inc)