FIRST OPPORTUNITY TO LEASE Sample Clauses

FIRST OPPORTUNITY TO LEASE. If at any time during the term of this Lease, any of the remaining spaces on the eighth floor of the Building become available for lease, Landlord shall notify Tenant of the availability of such space for lease and the terms and conditions upon which Landlord wishes to lease such space; provided, however, that the expiration of the term for the demise of such space shall be concurrent with the then remaining term of this Lease, the monthly base rent per square foot for such space shall be the same as the Monthly Base Rent then being charged under this Lease, and Landlord shall provide building standard "turn-key" improvements for such space equivalent to Landlord's Improvements under this Lease; provided, further, that notwithstanding anything contained herein to the contrary, such space shall be occupied and used only by Tenant, and Tenant shall not, for a period of six (6) months from the commencement of the term of this Lease for such additional space, sublease, assign or allow any other person to occupy or use such space, or any portion thereof. Tenant shall have the right within thirty (30) days after receipt of Landlord's written notification to lease such space on the terms and conditions set forth in Landlord's written notification. If Tenant shall not so elect within said thirty (30) day period, Landlord may then lease the premises to any other person, on terms and conditions established by Landlord in its sole discretion. Said terms and conditions shall not necessarily be limited to the terms and conditions set forth in Landlord's written notification.
Sample 1Sample 2See All (4)
AutoNDA by SimpleDocs
FIRST OPPORTUNITY TO LEASE. Provided that the Tenant did not exercise the Option to Expand in Clause 11 of this Offer to Lease and has not been in material breach of the Lease, the Tenant shall have the first opportunity to lease any space becoming available for lease that is not encumbered by another lease on the third (3rd) floor of the Building at any time during the Term of the Tenant’s Lease. The Basic Rent payable on the said space shall be the current fair market rental as agreed to by the parties, and failing such agreement, as determined by arbitration pursuant to the Commercial Arbitration Act of British Columbia. The Tenant shall have the right to assign this First Opportunity to Lease pursuant to the permitted assignment of all rights under the Lease.
Sample 1Sample 2Sample 3
FIRST OPPORTUNITY TO LEASE. 33.1 Provided, that the Tenant has not been in material breach of the Lease, the Tenant shall have the first opportunity, to lease any space becoming available for lease on the third (3rd) floor of the Building at any time during the Term that is not encumbered by another lease. The Basic Rent payable on the said space shall be the current fair market rental as agreed to by the parties and failing such agreement, as determined by arbitration by a single arbitrator pursuant to the Commercial Arbitration Act of British Columbia. The cost of the arbitrator will be shared equally between the parties. The Tenant shall have the right to assign this First Opportunity to Lease to a permitted assignee under this Lease concurrently with the assignment by the Tenant to such assignee of all of the Tenant’s rights under this Lease.
Sample 1Sample 2Sample 3
FIRST OPPORTUNITY TO LEASE. Throughout the Term, so long as Tenant is not in default of the Lease, Tenant shall have the right of first offer to lease the remainder of space in Building 3 (the "First Offer Space'), in accordance with the terms of this Section 6. In the event that Landlord desires to make a written offer (the "Offer) to a third party to lease all or any portion of the First Offer Space, Landlord shall first present the Offer to Tenant and give Tenant three business days within which to determine whether Tenant will accept the Offer. If Tenant gives Landlord written notice within such three business day period that Tenant elects to accept the Offer, then Tenant shall be bound to enter into a written lease agreement in accordance with the terms of the Offer. If Tenant does not give Landlord such written notice within the three business day period, then Landlord shall be free to lease the First Offer Space to any party on the terms of the Offer or on substantially similar terms. If Landlord does not so lease the First Offer Space, Xxxxxx's right of first offer with respect to the First Offer Space shall revive and continue throughout the Term.
Sample 1Sample 2
FIRST OPPORTUNITY TO LEASE. Provided the Tenant is not then in default under the Lease in any material respect, either in payment of rent or observance of the covenants herein, the Tenant shall have a continuous first opportunity to lease (the "First Opportunity to Lease") ten thousand (10,000) square feet of space on the 12th floor of the Building (the "First Opportunity to Lease Premises"). In the event that the Landlord receives an offer to lease for all or any part of the First Opportunity to Lease Premises, the Landlord shall provide the Tenant with written notice of such intent and the Tenant shall be obliged to notify the Landlord within five (5) business days of receiving same, of its intent to exercise its right with respect to any part (or all) of the First Opportunity to Lease Premises which is the subject of the offer to lease. Should the Tenant exercise its right, the terms shall be equivalent to those contained herein, save and except that the Minimum Annual Rent and any improvement allowance, turnkey package and/or cash inducements for the First Opportunity Premises shall be the then fair market rent and inducements for leases of comparable expansion premises to existing office tenants of comparable buildings in downtown Ottawa and for a comparable term, as determined by agreement between the Landlord and Tenant. the Tenant and Landlord shall have thirty (30) days upon receipt of the Tenant's notice to negotiate and agree upon the Minimum Annual Rent and inducements, both parties acting reasonably.
Sample 1Sample 2
FIRST OPPORTUNITY TO LEASE. A. So long as there is no uncured default by Lessee then existing under the Lease, Lessee shall have the first right of refusal to lease 32,197 square feet currently demised as Suite 100 or the 13,822 square feet currently demised as Suite 300 in their entirety (the "First Opportunity to Lease"). B. Upon notification in writing by Lessor that such space is available, Lessee shall have five (5) business days in which to elect in writing so to lease such space in which event the lease for same shall commence not more than thirty ERR this Lease and shall be at the Base Rent then in affect under the Lease, unless otherwise agreed upon. C. In the event Lessee declines or fails to elect so to lease such space, then the First Opportunity to Lease hereby granted shall automatically terminate and shall thereafter be null and void as to such space. D. It is understood that this First Opportunity to Lease shall not be construed to prevent any lessee in the Building from extending or renewing its lease. E. The First Opportunity to Lease hereby granted is personal to Lessee and Guarantor (as defined in Exhibit "F") and is not transferable; in the event of any assignment or subletting under this Lease, this First Opportunity to Lease shall automatically terminate and shall thereafter be null and void.
Sample 1
FIRST OPPORTUNITY TO LEASE. Tenant shall have the first opportunity to lease other space adjacent to its Premises if such space becomes available for lease. In such case, Landlord shall advise Tenant of its availability and the terms on which Landlord would lease such space. Tenant acknowledges that Landlord is negotiating for the lease of the remainder of the building (as well as the Premises following expiration of Tenant's Lease) with Mr. And Xxx. Xxxxxxxxxxx Starling and such Tenant's first opportunity to lease will apply only if such other lease is not finalized or if such Lease is terminated during the term of Tenant's Lease. On any such notice, Tenant shall have the right to lease such adjacent space (for a term equal to Tenant's unexpired term) at the rent and condition stated in Landlord's notice or upon such other terms as Tenant and Landlord may agree in their individual directions. Tenant shall have thirty (30) days after receipt of such notice to not Lessor that Tenant elects to lease the adjacent space. If Tenant does not exercise its right to lease the adjacent space to a third party on such terms as may be acceptable to Landlord and such other party. Tenant does not have any right of renewal of this Lease.
Sample 1
AutoNDA by SimpleDocs
FIRST OPPORTUNITY TO LEASE. Subject to the rights of existing Tenants (of which Landlord has made certain representations set forth in Section 1 of the Lease), and further provided Tenant has not defaulted in the payment of Rent more than five (5) times during the Term, the Landlord will grant to the Tenant the first opportunity to lease (the “First Opportunity to Lease”) a portion of the 4th Floor East Space (herein called the “Opportunity Space”). The exact Rentable Area and location of the Expansion Space shall be determined by Landlord in its reasonable discretion, and Rentable Area shall be determined in accordance with Schedule B-1 to the Lease, however, in no event shall the Opportunity Space contain less than 10,000 square feet of Rentable Area. The First Opportunity to Lease is subject to the following conditions:
Sample 1
FIRST OPPORTUNITY TO LEASE. Tenant shall have the First Opportunity to Lease any space on the same floor (Second and Third Floor) that may become available during the initial term of the lease and any extensions thereafter. Tenant acknowledges and agrees, however, that during any extended period, its "First Opportunity to Lease" shall be subject and subordinate to Pacific Life's (its successor's or assign's) first opportunity to lease space on the second and third floor and Marshack, Shulman, Hodxxx & Frixxxxx xx the third floor. Tenant's "First Opportunity to Lease" during any extended term shall have no effect unless and until Pacific Life's (its successor's or assign's) first opportunity to lease such space expires and is no longer of any effect. This First Opportunity to Lease shall be at the then current "fair market" rental rates for like space in the Towne Centre Plaza. If Tenant objects to Landlord's determination of fair market rental, Tenant shall notify Landlord in writing within ten (10) days of notice of Landlord's determination, that Tenant disagrees with Landlord's determination of fair market rental. In the event that Landlord and Tenant are unable to agree upon the fair market rental value of the such space, then the fair market rental value shall be determined by appraisal
Sample 1

Related to FIRST OPPORTUNITY TO LEASE

  • Opportunity to Review Customer declares that it has had sufficient opportunity to review this Agreement, understand the content of all of its sections, negotiate its terms, and seek independent professional legal advice before entering into it. Consequently, any statutory “form contract” (“adhesion contract”) regulations shall not be applicable to this Agreement.

  • Right of First Opportunity (i) During the term of this Agreement, if Healthcare develops a REIT Opportunity, or if any REIT Opportunity otherwise becomes available to Healthcare, Healthcare shall first offer such REIT Opportunity to LTC. The offer shall be made by written notice (the "Notice") from Healthcare to LTC, which Notice shall contain a detailed description of the material terms and conditions of the REIT Opportunity. LTC shall have ten days (the "Ten-Day Period") from the date of receipt of the Notice to notify Healthcare in writing that it has accepted or rejected the REIT Opportunity. If LTC does not respond by the end of the Ten-Day Period, LTC shall be deemed to have rejected the REIT Opportunity. If LTC accepts a REIT Opportunity, but subsequently decides not to pursue such opportunity or for any other reason fails to consummate such opportunity, LTC shall immediately provide written notice that it is no longer pursuing such REIT Opportunity to Healthcare. (ii) If LTC rejects a REIT Opportunity, or accepts such REIT Opportunity but thereafter provides, or is required by the provisions hereof to provide, written notice to Healthcare that it is no longer pursuing such REIT Opportunity, Healthcare shall, for a period of one year after the Withdrawal Date (as hereinafter defined), be entitled to acquire the REIT Opportunity (A) at a price, and on terms and conditions, that are not more favorable to Healthcare in any material respect than the price and terms and conditions set forth in the Notice relating to such REIT Opportunity or (B) if LTC, at any time after the Notice, negotiated a different price, terms or conditions with the party providing such REIT Opportunity, then at a price, and on terms and conditions, that are not more favorable to Healthcare in any material respect than the price and terms and conditions negotiated by LTC with such party. If Healthcare does not enter into a binding agreement to acquire the REIT Opportunity within such one-year period, or if the price and terms and conditions are more favorable to Healthcare in any material respect than the price and terms and conditions set forth in the Notice (or, if applicable, than the

  • Right to Lease Landlord reserves the absolute right to effect such other tenancies in the Project as Landlord in the exercise of its sole business judgment shall determine to best promote the interests of the Building or Project. Tenant does not rely on the fact, nor does Landlord represent, that any specific tenant or type or number of tenants shall, during the Lease Term, occupy any space in the Building or Project.

  • Opportunity to Defend The indemnifying party may elect to compromise or defend, at its own expense and by its own counsel, any Asserted Liability; provided, however, the indemnifying party may not compromise or settle any Asserted Liability without the prior written consent of the indemnified party (which consent will not be unreasonably withheld, conditioned or delayed) unless (i) such compromise or settlement requires no more than a monetary payment for which the indemnified party hereunder is fully indemnified and such settlement provides a complete release of, or dismissal with prejudice of, all claims against the indemnified party for all matters that were or could have been asserted in connection with such claim, or (ii) involves no other matters binding upon the indemnified party (other than obligations of confidentiality). If the indemnifying party elects to compromise or defend such Asserted Liability, it will within thirty (30) calendar days from receipt of the Claims Notice notify the indemnified party of its intent to do so, and the indemnified party will cooperate, at the expense of the indemnifying party, in the compromise of, or defense against, such Asserted Liability. If the indemnified party fails to cooperate, then each indemnifying party will be relieved of its obligations under this Section 6 only to the extent that such indemnifying party is prejudiced by such failure to cooperate. Unless and until the indemnifying party elects to defend the Asserted Liability, the indemnified party will have the right, at its option, to do so in such manner as it deems appropriate; provided, however, that the indemnified party will not settle or compromise any Asserted Liability for which it seeks indemnification hereunder without the prior written consent of the indemnifying party (which will not be unreasonably withheld, conditioned or delayed). The indemnifying party will be entitled to participate in (but not to control) the defense of any Asserted Liability that it has elected not to defend with its own counsel and at its own expense.

  • Agreement to Lease Landlord agrees to lease to Tenant and Tenant agrees to lease from Landlord, according to the terms and conditions set forth herein, the Premises.

  • Opportunity to Ask Questions You have had the opportunity to ask questions about the Company and the investment. All your questions have been answered to your satisfaction.

  • Opportunity to Remedy If the Funder considers that it is appropriate to allow the HSP an opportunity to remedy a breach of this Agreement, the Funder may give the HSP an opportunity to remedy the breach by giving the HSP Notice of the particulars of the breach and of the period of time within which the HSP is required to remedy the breach. The Notice will also advise the HSP that the Funder may terminate this Agreement: at the end of the Notice period provided for in the Notice if the HSP fails to remedy the breach within the time specified in the Notice; or prior to the end of the Notice period provided for in the Notice if it becomes apparent to the Funder that the HSP cannot completely remedy the breach within that time or such further period of time as the Funder considers reasonable, or the HSP is not proceeding to remedy the breach in a way that is satisfactory to the Funder.

  • Opportunity to Cure The COUNTY may, at its sole discretion, provide the AGENCY with a Notice to Cure a breach of this Contract. If the AGENCY fails to cure the breach to the COUNTY’S satisfaction within the time provided in the Notice to Cure, the COUNTY may terminate this Contract for cause.

  • Notice and Opportunity to Defend Promptly after the receipt by Buyer or the Company and/or the Seller of notice of any action, proceeding, claim or potential claim (any of which is hereinafter individually referred to as a “Circumstance”) which could give rise to a right to indemnification under this Agreement, such party (the “Indemnified Party”) shall give prompt written notice to the party or parties who may become obligated to provide indemnification hereunder (the “Indemnifying Party”). Such notice shall specify in reasonable detail the basis and amount, if ascertainable, of any claim that would be based upon the Circumstance. The failure to give such notice promptly shall relieve the Indemnifying Party of its indemnification obligations under this Agreement, unless the Indemnified Party establishes that the Indemnifying Party either had knowledge of the Circumstance or was not prejudiced by the failure to give notice of the Circumstance. The Indemnifying Party shall have the right, at its option, to compromise or defend the claim, at its own expense and by its own counsel, and otherwise control any such matter involving the asserted liability of the Indemnified Party, provided that any such compromise or control shall be subject to obtaining the prior written consent of the Indemnified Party which shall not be unreasonably withheld. An Indemnifying Party shall not be liable for any costs of settlement incurred without the written consent of the Indemnifying Party. If any Indemnifying Party undertakes to compromise or defend any asserted liability, it shall promptly notify the Indemnified Party of its intention to do so, and the Indemnified Party agrees to cooperate fully with the Indemnifying Party and its counsel in the compromise of or defense against any such asserted liability. All costs and expenses incurred in connection with such cooperation shall be borne by the Indemnifying Party, provided such costs and expenses have been previously approved by the Indemnifying Party. In any event, the Indemnified Party shall have the right at its own expense to participate in the defense of an asserted liability.

  • Option to Lease The Receiver hereby grants to the Assuming Institution an exclusive option for the period of ninety (90) days commencing the day after Bank Closing to cause the Receiver to assign to the Assuming Institution any or all leases for leased Bank Premises, if any, which have been continuously occupied by the Assuming Institution from Bank Closing to the date it elects to accept an assignment of the leases with respect thereto to the extent such leases can be assigned; provided, that the exercise of this option with respect to any lease must be as to all premises or other property subject to the lease. If an assignment cannot be made of any such leases, the Receiver may, in its discretion, enter into subleases with the Assuming Institution containing the same terms and conditions provided under such existing leases for such leased Bank Premises or other property. The Assuming Institution shall give notice to the Receiver within the option period of its election to accept or not to accept an assignment of any or all leases (or enter into subleases or new leases in lieu thereof). The Assuming Institution agrees to assume all leases assigned (or enter into subleases or new leases in lieu thereof) pursuant to this Section 4.6. If the Assuming Institution gives notice of its election not to accept an assignment of a lease for one or more of the leased Bank Premises within seven (7) days of Bank Closing, then, not withstanding any other provision of this Agreement to the contrary, the Assuming Institution shall not be liable for any of the costs or fees associated with appraisals for the Fixtures, Furniture and Equipment located on such leased Bank Premises.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!