LESSOR'S OPTIONS. REGARDING CAPITAL ADDITIONS AND MATERIAL STRUCTURAL WORK. Lessor shall have the options of: (a) denying permission for the construction of the applicable Capital Addition or Material Structural Work, (b) offering to finance the construction of the Capital Addition pursuant to Section 9.3 on such terms as may be specified by Lessor, including the terms of any amendment to this Lease, including, without limitation, an increase in Base Rent based on Lessor's then existing terms and prevailing conditions to compensate Lessor for the additional funds advanced by it, (c) allowing Lessee to separately pay for or finance the construction of the Capital Addition, subject to compliance with the terms and conditions of Section 9.2.1, Section 9.4, Section 13.1.3, all applicable Legal Requirements, all other requirements of this Lease and to such other terms and conditions as Lessor may in its discretion reasonably impose or (d) any combination of the foregoing. Unless Lessor notifies Lessee in writing of a contrary election within thirty (30) days of Lessee's request or unless Lessor is required to consent thereto pursuant to this Section 9.2.3, Lessor shall be deemed to have denied the request for the Capital Addition or Material Structural Work. In the event and to the extent Lessor has granted permission for the construction of the applicable Capital Addition or Material Structural Work and (x) Lessor has not offered to finance the construction of the same or (y) Lessee declines to accept the financing offered by Lessor, Lessee may separately finance such construction, subject to the limitation on Liens set forth in Section 9.2.1, or pay for such construction itself. In the event Lessee declines to accept the financing offered by Lessor or if Lessor has not offered such financing to Lessee and proposes to obtaining financing from another Person, Lessee shall inform Lessor in writing of the terms and conditions of such financing and shall provide Lessor with a copy of a commitment letter evidencing the same and Lessor may, by giving notice thereof to Lessee within twenty (20) days following being so informed, elect to provide financing to Lessee at the effective rate of interest as such financing. Lessor shall not unreasonably withhold its permission for the construction of Material Structural Work which is necessary to protect the safety or welfare of residents of the Facility.
LESSOR'S OPTIONS. Notwithstanding anything to the contrary contained in this Section 13, in the event-of an assignment or sublease of this Lease of more than 15,000 rentable square feet of the Premises, then, in addition to any rights contained herein, shall have the following option at its discretion:
(i) to give LESSEE written notice of LESSOR'S intention to terminate this Lease as to all or any portion of the Premises on the date such notice is given or on any later date specified therein, whereupon, on the date specified in such notice, LESSEE'S right to possession of the Premises or such portion of the Premise shall cease and this Lease shall thereupon be terminated, except as to any incomplete obligations of LESSEE. LESSOR shall notify LESSEE in writing within thirty (30) days of receipt of the information required pursuant to Section 13(a) above of its intent to approve or disapprove a proposed assignment or sublease. Such notice shall include LESSOR'S execution or waiver of its right to terminate the Lease.
LESSOR'S OPTIONS. Regarding Capital Additions and Material Structural Work. Lessor shall have the options of: (a) denying permission for the construction of the Capital Addition and/or Material Structural Work, (b) offering to finance the construction of the Capital Addition or Material Structural Work pursuant to Section 9.3, (c) allowing Lessee to pay for or separately finance the construction of the Capital Addition and/or Material Structural Work, subject to the same limits and conditions imposed under Section 9.4, Section 13.1.3, all Legal Requirements, all other applicable requirements of this Lease and to such other terms and conditions as Lessor may in its discretion impose or (d) any combination of the foregoing. Unless Lessor notifies Lessee in writing of a contrary election within forty-five (45) days of Lessee's request, Lessor shall be deemed to have denied the request for the Capital Addition or Material Structural Work.
LESSOR'S OPTIONS. Within fifteen (15) days of Lessor’s receipt of any Transfer Notice, and any additional information requested by Lessor concerning the proposed Transferee’s financial responsibility, Lessor will notify Lessee of its election to do one of the following: (i) consent to the proposed Transfer subject to such reasonable conditions as Lessor may impose in providing such consent; or (ii) refuse such consent, which refusal shall be on reasonable grounds.
LESSOR'S OPTIONS. In the event of LESSEE'S request for an assignment or sublease of this Lease or of all or any part of the Premises by LESSEE, LESSOR in addition to any rights contained herein, shall have the following options at its discretion:
(i) to give LESSEE written notice of LESSOR'S intention to terminate this Lease as to all or any portion of the Premises on the date such notice is given or on any later date specified therein, whereupon, on the date specified in such notice, LESSEE'S right to possession of the Premises or such portion of the Premise shall cease and this Lease shall thereupon be terminated, except as to any incomplete obligations of LESSEE; or
(ii) to re-enter and take possession of the Premises or the part thereof subject to such transfer, and to enforce all rights of LESSEE, in accordance with such sublet or assignment of the Premises, or any part thereof, as if LESSOR was the sublessor or assignor, and to do whatever LESSEE is permitted to do pursuant to the terms of such sublease or assignment. If LESSOR so elects to exercise it's rights under this Section 13(b), LESSEE may, within three (3) days of notice from LESSOR, withdraw its request to assignment or sublease and LESSOR shall have no further rights under this Section in regard to that specific request to assign or sublease.
LESSOR'S OPTIONS. Upon default by Lessee, Lessor shall have the option to do and perform any one or more of the following in addition to, and not in limitation of, any other remedy or right permitted it by law or equity or by this Lease:
LESSOR'S OPTIONS. Within ten (10) days of Lessor's receipt of any Transfer Notice, and any additional information requested by Lessor concerning the proposed Transferee's financial responsibility, Lessor will notify Lessee of its election to do one of the following: (i) consent to the proposed Transfer subject to such reasonable conditions as Lessor may impose in providing such consent; (ii) refuse such consent, which refusal shall be on reasonable grounds; or (iii) terminate this Lease as to all or such portion of the Premises which is proposed to be sublet or assigned and recapture all or such portion of the Premises for reletting by Lessor.
LESSOR'S OPTIONS. In the case of the damage or destruction specified and described in numerical subparagraph 2 immediately hereinabove, Lessor shall have an option or right to election as to whether Lessor will rebuild and restore said building and the demises premises. If said Lessor elects not to rebuild or restore said building and/or said demised premises, he shall notify Lessee to that effect within 60 days. TIME OF REPAIR
LESSOR'S OPTIONS. Lessor shall have the options of: (a) denying permission for a Capital Addition unless required by applicable Legal Requirements, (b) offering to finance the Capital Addition pursuant to Section 9.3, (c) allowing Lessee to pay for or separately finance the Capital Addition subject to the same limits and conditions imposed under Section 9.4 with respect to improvements which are not Capital Additions or (d) any combination thereof. Unless Lessor notifies Lessee in writing of a contrary election within twenty (20) days of Lessee's request, Lessor shall be deemed to have denied the request for the Capital Addition.
LESSOR'S OPTIONS. If LESSEE is in default of this Lease, the LESSOR may at its option, in addition to such other remedies as may be available under Florida law: terminate this Lease and LESSEE's right of possession; or terminate the LESSEE's right to possession but not the Lease; and proceed in accordance with any and all provisions of sub-paragraphs B and C below as LESSOR may elect and as permitted law.
