First Right to Negotiate. 25.1 In the event that Lithia Properties, LLC, or any entity controlled by Lithia Properties, LLC (collectively, the "Selling Entity"), elects to market any real property owned by it (each such parcel, an "Additional Property) during the Lease Term (as the same may be extended or renewed), then Landlord shall have a first right to negotiate for the purchase of such Additional Property on the following terms and conditions. Prior to so marketing such Additional Property, the Selling Entity shall notify Landlord in writing (the "Pre-Marketing Notice") of the price at which the Selling Entity intends to market such Additional Property (the "List Price"). If Landlord desires to purchase such Additional Property at the List Price. then Landlord shall provide the Selling Entity with written notice thereof within thirty (30) days after the date of the Pre-Marketing Notice. If Landlord delivers such notice within such thirty (30) day period, then, for a period of thirty (30) days, Landlord and the Selling Entity shall negotiate in good faith regarding the terms and conditions of such sale. If, during such thirty (30) day period, the parties are unable to agree on such terms and conditions (or if Landlord did not timely respond to the Pre-Marketing Notice), then Landlord's right to purchase the Additional Property at the List Price shall lapse and be of no further force or effect, and thereafter the Selling Entity may offer or sell the Additional Property at any price equal to or greater than ninety-five percent (95%) of the List Price (or the lowest List Price, to the extent Landlord has been offered the Additional Property more than once) applicable to such Additional Property without triggering Landlord's rights under this Section. However, the Selling Entity may not offer or sell such Additional Property for less than ninety-five percent (95%) of the List Price (or the lowest List Price applicable to such Additional Property, to the extent Landlord has been offered such Additional Property more than once) without again triggering Landlord's rights under this Section.
First Right to Negotiate. Sublessor will provide Sublessee with a first right to negotiate to lease the remaining space occupied by Sublessor if Sublessor vacates said space any time during the term of the Sublease.
First Right to Negotiate. So long as no current Event of Default exists and so long as three (3) Events of Default by Lessee have not occurred during the Lease Term, and subject to any similar rights granted to tenants occupying the Building prior to Lessee, Lessee shall have the first right to negotiate for any second generation space (any space which has previously been occupied by a tenant) that becomes available on the third (3rd) floor of the Building during the initial term of the Lease. Upon Lessor’s notification of the availability of such space, Lessee shall have thirty (30) days to negotiate acceptable leasing terms with Lessor. Failure of the parties to negotiate acceptable terms in good faith within thirty (30) days shall waive Lessee’s rights to the space and Lessor shall be free to lease the space to another tenant without penalty or delay.
First Right to Negotiate. To the extent that Sponsor pays all direct and indirect costs of University’s performance hereunder, and to the extent that the University is legally able, Sponsor will be granted a time-limited first right to negotiate an option or license under University’s rights in any Subject Invention that belongs solely to University or under University’s undivided interest in any Subject Invention that belongs jointly to University and Sponsor. Sponsor will advise the University in writing within sixty (60) days of such disclosure to Sponsor whether or not it wishes to secure an option or commercial license (“Election Period”). Sponsor will have ninety (90) days from the date of election to conclude an option or license agreement with University (“Negotiation Period”). Said license will contain reasonable terms, will require diligent performance by Sponsor for the timely commercial development and early marketing of Subject Inventions, and include Sponsor’s obligation to reimburse University’s reasonable patent costs for all Subject Inventions subject to the license.
First Right to Negotiate. 1.1 In consideration of the first right to negotiate (the “FRTN”) granted by Agenus to GSK in this Section 1 as well as the other rights and licenses provided for in this Agreement, GSK hereby agrees to pay the consideration set forth in Section 4 of this Agreement. [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.
First Right to Negotiate. In the event that any space on the first floor of the Premises becomes or is reasonably anticipated to become vacant during the Term of this Sublease, Netscape shall notify Subtenant of the availability of such space. Provided that (i) a default does not exist under this Sublease, (ii) no event has occurred which with the passage of time or the giving of notice (or both) would be deemed a default if not cured in the applicable cure period, and (iii) Subtenant provides written notice to Netscape, within ten (10) days after receipt of Netscape's notice, of Subtenant's election to expand the Subleased Premises in the available space, Subtenant shall have the first right to negotiate for such space for a period of twenty (20) days after Netscape's notice. If Netscape and Subtenant do not agree on the terms for the sublease of such space within such twenty (20) day period, Subtenants's right to first negotiate with respect to such space shall terminate and Netscape shall have the right to sublease such space to any other person or entity upon any terms and conditions which Netscape desires, in its sole discretion. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not have any such first right to negotiate a lease of any space that is currently vacant ("Initial Space") until after such Initial Space becomes available for lease following the expiration or earlier termination of an initial lease of such Initial Space.
First Right to Negotiate. During the term of the Lease, each time Tenant is considering leasing additional or alternative space in the San Diego area, prior to Tenant going out to the market to seek such additional or alternative space, Tenant shall deliver written notice to Landlord, which notice shall include a description of the additional or alternative space desired by Tenant. Landlord or an affiliate of Landlord shall have the opportunity, if it so elects and without obligation to do so, to offer for lease to Tenant, one or more alternative premises at the project or another project owned by an affiliate of Landlord which reasonably satisfies the additional or alternative space being sought by Tenant.
First Right to Negotiate. If (i) there then exists no default by Tenant, (ii) Tenant, any assignee pursuant to a Permitted Transfer or any Affiliate shall be in possession of the entire Leased Premises, (iii) this Lease is still in full force and effect, (iv) the entire fourth floor of the Building (the "ROFR Space") is marketed to lease by Landlord, (v) the Landlord does not elect to use the ROFR Space for its own purposes or lease it to OEM or an Affiliate of Landlord, and (vi) Landlord desires to lease to a third party that is not OEM or an Affiliate of Landlord, then Landlord shall notify Tenant in writing of such offer or desire to lease such "ROFR" Space as soon as reasonably practicable. Any such notice by Landlord shall contain all the relevant terms on which Landlord is willing to lease the "ROFR" Space. Tenant may, by giving notice to Landlord within fifteen (15) days after receipt of such notice from Landlord, elect, at its sole option, to lease the "ROFR" Space on the terms contained in the notice. If Tenant shall have so elected to lease the "ROFR" Space, it shall enter into an amendment of this Lease within thirty (30) days after it shall have received the same from Landlord, confirming the lease of such "ROFR" Space to Tenant on the such terms, which amendment shall be in a commercially reasonable form mutually acceptable by Landlord and Tenant.
First Right to Negotiate. Tenant shall have a first right to negotiate to lease the Premises upon expiration of the Term (provided Tenant has exercised all of the options to extend set forth in Section 3.3
First Right to Negotiate. In the event the Buyer discontinues the marketing and sale of a particular Product acquired from the Seller hereunder for a continuous period of twelve months during the period of three years after the date hereof, the Buyer agrees to negotiate in good faith with the Seller to sell such Product to the Buyer or the Principal, such sale to be on terms and conditions mutually satisfactory to such parties.
