Competitor Restrictions Clause Samples

Competitor Restrictions. Subject to existing tenants’ of the Project’s rights, so long as (i) the Original Tenant is occupying and conducting “Tenant’s Primary Business,” as that term is defined, below, from at least seventy-five percent (75%) of the rentable square footage of the Premises as then comprised (e.g., Must-Take Premises 1 shall not be a part of the Premises for such determination until the Must-Take Premises 1 Commencement Date), and (ii) the Original Tenant is not in Default of this Lease, in no event shall Landlord, following the date of this Lease, enter into a direct lease, or consent to a sublease or assignment over which ▇▇▇▇▇▇▇▇ has consent rights that would allow Landlord to withhold its consent, for any space in the Project to a “Competitor,” as that term is defined below. In no event shall a party succeeding to any tenant’s or subtenant’s interest in any lease or sublease as a result of a merger, acquisition, consolidation or similar transaction, be deemed to cause a violation of the terms of this Article 22. “

Competitor Restrictions. So long as Microsoft Corporation or a Tenant Affiliate occupies at least three buildings currently comprising the Premises, Landlord will not lease space, or permit another tenant to sublease or assign space, within any of the five buildings currently comprising the Premises (the "Restricted Space") to SCO, Sun Microsystems, Google, Intuit, Netscape, Apple, IBM, Oracle, any developer or seller of Linux based operating systems, and AOL Time Warner (collectively, along with their successors, "Tenant's Competitors"). So long as Microsoft Corporation or a Tenant Affiliate occupies at least three buildings currently comprising the Premises, Landlord agrees that it shall not grant signage rights to any of the Tenant's Competitors. These prohibitions shall also apply to any affiliates (being any company that controls, is controlled by, or under common control with any of the Tenant's Competitors) or subsidiaries of Tenant's Competitors. If one of Tenant's Competitors desiring to leases space in the Restricted Space threatens legal action against Landlord as a result of the restrictions in this Article, Landlord shall notify Tenant, and Tenant shall notify Landlord within ten (10) days of receipt whether or not Tenant will permit such party to lease space in the Restricted Space. If Tenant denies the request, Tenant agrees to indemnify, defend, and hold harmless Landlord and Landlord's Agents from and against any legal actions or claims made by such Tenant Competitor, third party or governmental agency as a result of Tenant's enforcement of the restrictions in this Article. Landlord shall include these restrictions in other leases for space in the Restricted Space to likewise restrict subleasing and assignments.

Competitor Restrictions. So long as the Original Tenant is not in default of the Lease after the expiration of any applicable notice and cure period, in no event shall Landlord, following the date of this Lease, enter into a direct lease, or consent to a sublease or assignment over which Landlord has consent rights that would allow Landlord to withhold its consent, for any space in the Project to a "Competitor," as that term is defined below. In no event shall a party succeeding to any tenant's or subtenant's interest in any lease or sublease as a result of a merger, acquisition, consolidation or similar transaction, be deemed to cause a violation of the terms of this Article 22. "