Effect of Non-Acceptance. In the event that the Telerate Version of TradeStation is not Accepted because of resort by Telerate to the provisions of Subsection 9 below (or Omega notifies Telerate in writing that, after expending the efforts described in Subsection 1 above, Omega is unable to develop the Telerate Version of TradeStation to be in conformance with the Specification in all material respects and will therefore cease its efforts in respect thereof): (i) neither party shall have any further obligation whatever to the other party; (ii) no license of any kind shall be granted to Telerate (and Omega shall retain all rights to the Telerate Version of TradeStation) and the Pre-Sales License (defined in Section C.1(b) below) shall at such time be automatically terminated; (iii) each party shall bear its own costs and expenses in connection with this Agreement; and (iv) Omega shall return to Telerate, at Telerate's expense, all of the Telerate-Provided Materials.
Effect of Non-Acceptance. In the event Utilities does not preliminarily accept the Facilities, the transfer of the Facilities shall not be effective, and the Facilities shall remain private.
Effect of Non-Acceptance. If Tenant does not accept the offer to lease the Offered Expansion Space, Landlord shall be free to lease all or any portion of the Expansion Space (including, without limitation, any space that is part of the Expansion Space but was not part Offered Expansion Space) to any other party on such terms proposed in Landlord’s Expansion Proposal, or on any other terms which may be different than the terms in Landlord’s Expansion Proposal, in which case Tenant’s right to lease all or any portion of the Expansion Space shall automatically lapse and be of no further force and effect, notwithstanding that Landlord may or may not actually lease all or any portion of the Expansion Space to other parties. Tenant acknowledges that Landlord shall have the right to lease portions of the Expansion Space to different parties, but that Tenant’s First Offer Right under Section 2 and its subsections only pertains to the Offered Expansion Space.
Effect of Non-Acceptance. If Tenant does not accept the offer to lease the portion of the Expansion Space contained in the Landlord’s Expansion Proposal, Landlord shall be free to lease all or any portion of the Expansion Space (including, without limitation, any space that is part of the Expansion Space but was not included in the Expansion Notice) to any other party on such terms proposed in Landlord’s Expansion Proposal, or on any other terms which may be different than the terms in Landlord’s Expansion Proposal, in which case Tenant’s right to lease all or any portion of the Expansion Space shall automatically lapse and be of no further force and effect, notwithstanding that Landlord may or may not actually lease all or any portion of the Expansion Space to other parties. Tenant acknowledge that Landlord shall have the right to lease portions of the Expansion Space to different parties, but that Tenant’s expansion right under section 2 and its subsections only pertains to the Expansion Space contained in Landlord’s Expansion Proposal.
Effect of Non-Acceptance. 4.1 If OEM does not accept Section 2 of the Agreement, the Company will charge 0.05% on Orders received from Resellers made by the Company.
Effect of Non-Acceptance. If Tenant does not accept the Third Party Proposal, Tenant’s First Refusal Right shall terminate with respect to the First Refusal Space covered in the Third Party Proposal, and Landlord shall be free to lease all or any portion of such First Refusal Space to the party (or any of its affiliates) making the proposal or to any other party on such terms proposed in the Third Party Proposal, or on any other terms. The First Refusal Right shall continue with respect to the remainder of the First Refusal Space not covered in a Third Party Proposal during the First Refusal Period unless and until Tenant does not accept a Third Party Proposal for such space or any portion thereof.
Effect of Non-Acceptance. If Tenant does not accept the offer to lease all of the Expansion Space pursuant to Landlord’s Expansion Proposal, Landlord shall be free to lease all or any portion of the Expansion Space to any other party on such terms proposed in Landlord’s Expansion Proposal, or on any other terms which may be different than the terms in Landlord’s Expansion Proposal, in which case Tenant’s First Offer shall automatically lapse and be of no further force and effect, notwithstanding that Landlord may or may not actually lease all or any portion of the Expansion Space to other parties. Tenant acknowledge that Landlord shall have the right to lease portions of the Expansion Space to different parties, but that Tenant’s expansion right under Section 3 and its subsections only pertains to all of the Expansion Space.
Effect of Non-Acceptance. If Tenant does not accept the offer to lease any Offered Space, Tenant will be deemed to have irrevocably waived all further rights with respect to the Offered Space and Landlord shall be free to lease all or any portion of the Offered Space to the Proposed Tenant or any subsequent tenant pursuant to the terms set forth in the Offer Notice. Notwithstanding the foregoing, if Tenant declines to lease the Offered Space, and if Landlord has not leased the Offered Space by the date that is eighteen (18) months following the date of the applicable Offer Notice, and if after such date Landlord intends to enter into a Proposed Lease with a party other than the original Proposed Tenant upon terms materially different than those contained in the original Offer Notice (meaning terms less than ninety percent (90%) of the economic terms set forth in the original Offer Notice), Landlord shall again offer the Offered Space to Tenant in accordance with the terms of Subsection (b), above.
Effect of Non-Acceptance. If Tenant does not accept the offer to lease the Expansion Space contained in the Expansion Notice, SJT shall be free to lease all or any portion of the Expansion Space to any other party on such terms proposed in the Expansion Notice, or on any other terms which may be different than the terms in the Expansion Space, and this right of first offer to lease the Expansion Space shall be null and void and of no further force and effect, notwithstanding that SJT may or may not actually lease all or any portion of the Expansion Space to other parties. Tenant acknowledge that SJT shall have the right to lease portions of the Expansion Space to different parties.
Effect of Non-Acceptance. If Tenant does not accept the offer to lease, Landlord shall be free to lease all or any portion of the Expansion Space to the party (or any of its affiliates) making the offer or to any other party on such terms proposed in the offer, or on any other terms (subject to section 7(c) with respect to changes in the offer proposed to and not accepted by Tenant).
