Common use of Naming Rights Clause in Contracts

Naming Rights. Landlord shall have the right, from time to time upon at least sixty (60) calendar days prior written notice to Tenant to name or re-name the MOB provided that such name is not likely to materially and negatively affect Tenant’s ability to market and lease space within the MOB. If Tenant determines, in its reasonable discretion, that a proposed name is likely to materially and negatively affect Tenant’s ability to lease space in the MOB, Tenant shall deliver written notice of objection to Landlord within ten (10) calendar days after receiving notice of the proposed name setting forth in detail the objection(s). If the Tenant fails to object to the name selected by the Landlord within ten (10) days, it shall be presumed that he Tenant has approved the same. The Parties shall, in good faith, use commercially reasonable efforts to resolve the dispute by mutual agreement. If such dispute cannot be settled by mutual agreement within a reasonable time, either Tenant or Landlord may submit the dispute to a reputable appraiser or real estate consultant familiar with the metropolitan market mutually selected by Tenant and Landlord, and the decision of such appraiser or consultant shall be conclusive and binding upon the Parties. Tenant hereby expressly approves of any name utilizing “Xxxxxxx Memorial Hospital” or any derivation thereof and approves of any name and of any derivation thereof of any hospital as may, from time to time, be located on the Campus. Landlord shall also have the right to require the placement of such name, at Landlord’s sole cost, designed in a manner acceptable to Landlord and approved by Tenant, which approval shall not be unreasonably conditioned, withheld, conditioned or delayed, on the exterior of the MOB in a location or locations acceptable to Landlord and approved by Tenant, which approval shall not be unreasonably conditioned, withheld or delayed, in compliance with all Legal Requirements. Such right shall include the right to the placement of any sign, logo, service xxxx or other similar xxxx either alone, or in conjunction with such name, on the exterior of the MOB in compliance with all Legal Requirements. Tenant shall not change the name of the MOB without the prior written consent of Landlord, which consent may be conditioned or withheld at the sole and absolute discretion of Landlord. The signage referred to in this Section 4.3 will be the sole and exclusive signage permitted on the exterior of the MOB and Tenant may not place any sign or signage on the Property, visible from outside the MOB without Landlord’s prior written consent. Landlord will reimburse Tenant for reasonable, out-of-pocket costs and expenses incurred by Tenant in re-naming the MOB pursuant to this Section 4.3, including, but not limited to costs relating to the removal and replacement of existing signage with the signage containing the new name.

Naming Rights. For so long as Tenant continues to lease at least 58,745 square feet of the Premises (the “Minimum Square Footage”), at the election of Tenant, the name of the Project shall continue to be Xxxxxx Plaza, and the names of the Buildings shall continue to be Xxxxxx Plaza East and Xxxxxx Plaza West. If (i) Tenant ceases to lease the Minimum Square Footage, or (ii) the Term of this Lease expires or is otherwise terminated, then Landlord shall have the right, from time right to time upon at least sixty (60) calendar days prior written notice change the name of the Project and the Buildings to Tenant to a name or re-name the MOB provided that such name is not likely to materially and negatively affect Tenantdetermined by Landlord in Landlord’s ability to market and lease space within the MOB. If Tenant determines, in its reasonable sole discretion, that a proposed name is likely to materially and negatively affect Tenant’s ability to lease space in the MOB, Tenant shall deliver written notice of objection to Landlord within ten (10) calendar days after receiving notice of the proposed name setting forth in detail the objection(s). If the Tenant fails to object to the name selected by the Landlord within ten (10) days, it shall be presumed that he Tenant has approved the same. The Parties shall, in good faith, use commercially reasonable efforts to resolve the dispute by mutual agreement. If such dispute cannot be settled by mutual agreement within a reasonable time, either Tenant or Landlord may submit the dispute to a reputable appraiser or real estate consultant familiar with the metropolitan market mutually selected by Tenant and Landlord, and the decision of such appraiser or consultant shall be conclusive and binding upon the Parties. Tenant hereby expressly approves of any name utilizing “Xxxxxxx Memorial Hospital” or any derivation thereof and approves of any name and of any derivation thereof of any hospital as may, from time to time, be located on the Campus. Landlord shall also have the right to require the placement of such namecease using and shall remove, at Landlord’s sole costcost and expense, designed in a manner acceptable to Landlord and approved by Tenant, which approval shall not be unreasonably conditioned, withheld, conditioned or delayed, on the exterior all Project signage (outside of the MOB Premises) referencing “Xxxxxx” or any other names referring to Tenant or Tenant’s Affiliates that are then being used to reference the Buildings or the Project. If Tenant elects in a location or locations acceptable its sole discretion, during the Lease Term, to Landlord and approved by Tenant, which approval shall not be unreasonably conditioned, withheld or delayed, in compliance with all Legal Requirements. Such right shall include the right to the placement of any sign, logo, service xxxx or other similar xxxx either alone, or in conjunction with such name, on the exterior of the MOB in compliance with all Legal Requirements. Tenant shall not change the name of the MOB without Project and/or the names of the Buildings, or if Tenant no longer desires to have the right to name the Buildings and/or the Project, then Tenant shall give Landlord written notice either of Tenant’s desired new name of the Project and/or the Buildings (subject to Landlord’s approval, which shall be granted unless the name is not appropriate for a first class office building), or of the fact that Landlord shall re-name the Project and the Buildings to a name of Landlord’s choice. If the name of the Project or the Buildings is being changed at Tenant’s election to a name selected by Tenant (and approved by Landlord) pursuant to the preceding sentence, Landlord and Tenant shall reasonably cooperate to agree on new Project signage, including the design, form and content of such new signage, and Landlord shall install the new signage at the cost and expense of Tenant. If (upon Tenant’s specific prior written consent notice) Landlord changes the name of the Project at a time when Tenant is still in possession of the Premises under this Lease, to a name selected by Landlord, then Landlord shall, at its expense, remove and replace only such signage as is general to the Project and the Buildings, but shall not alter or disturb any signage that is specific to any portion of the Premises, to Tenant’s operation, or to Tenant’s personal property. Tenant grants to Landlord a non-exclusive license during the Term and all Extended Terms to use the name “Xxxxxx Plaza” solely in connection with the promotion and marketing of the Project, which consent license may be conditioned or withheld at the sole and absolute discretion of Landlord. The signage referred to in this Section 4.3 will be the sole and exclusive signage permitted on the exterior of the MOB and Tenant may not place any sign or signage on the Property, visible from outside the MOB without Landlord’s prior written consent. Landlord will reimburse Tenant for reasonable, out-of-pocket costs and expenses incurred revoked by Tenant in re-naming its discretion upon written notice to Landlord at any time when the MOB pursuant to this Section 4.3, including, but not limited to costs relating to name of the removal and replacement of existing signage with the signage containing the new nameProject is no longer “Xxxxxx Plaza.”

Naming Rights. Landlord shall have the right, from time to time upon at least sixty (60) calendar days prior written notice to Tenant to name or re-name the MOB provided that such name is not likely to materially and negatively affect Tenant’s ability to market and lease space within the MOB. If Tenant determines, in its reasonable discretion, that a proposed name is likely to materially and negatively affect Tenant’s ability to lease space in the MOB, Tenant shall deliver written notice of objection to Landlord within ten (10) calendar days after receiving notice of the proposed name setting forth in detail the objection(s). If the Tenant fails to object to the name selected by the Landlord within ten (10) days, it shall be presumed that he Tenant has approved the same. The Parties shall, in good faith, use commercially reasonable efforts to resolve the dispute by mutual agreement. If such dispute cannot be settled by mutual agreement within a reasonable time, either Tenant or Landlord may submit the dispute to a reputable appraiser or real estate consultant familiar with the metropolitan market mutually selected by Tenant and Landlord, and the decision of such appraiser or consultant shall be conclusive and binding upon the Parties. Tenant hereby expressly approves of any name utilizing “Xxxxxxx Memorial Hospital” or any derivation thereof and approves of any name and of any derivation thereof of any hospital as may, from time to time, be located on what is, as of the Lease Effective Date, the campus of Xxxxxxx Memorial Hospital (“Campus”). Landlord shall also have the right to require the placement of such name, at Landlord’s sole cost, designed in a manner acceptable to Landlord and approved by Tenant, which approval shall not be unreasonably conditioned, withheld, conditioned or delayed, on the exterior of the MOB in a location or locations acceptable to Landlord and approved by Tenant, which approval shall not be unreasonably conditioned, withheld or delayed, in compliance with all Legal Requirements. Such right shall include the right to the placement of any sign, logo, service xxxx or other similar xxxx either alone, or in conjunction with such name, on the exterior of the MOB in compliance with all Legal Requirements. Tenant shall not change the name of the MOB without the prior written consent of Landlord, which consent may be conditioned or withheld at the sole and absolute discretion of Landlord. The signage referred to in this Section 4.3 4.2 will be the sole and exclusive signage permitted on the exterior of the MOB and Tenant may not place any sign or signage on the Property, visible from outside the MOB without Landlord’s prior written consent. Landlord will reimburse Tenant for reasonable, out-of-pocket costs and expenses incurred by Tenant in re-naming the MOB pursuant to this Section 4.34.2, including, but not limited to costs relating to the removal and replacement of existing signage with the signage containing the new name.

Naming Rights. Landlord (a) The parties agree that Licensee may call the Building “Mothers' Boathouse in honor of Xxxxxx Xxxxxx, Xxxx Xxxxxx, and Xxxxx Xxxxxxxxxx” for the Term of this License (as defined in Article 4.1), during which Licensee, including its successors and assigns as approved by Licensor pursuant to Article 33, has a license to use, occupy, maintain and/or operate the License Premises (the “Naming Rights”). Xxxxxx Xxxxxx, Xxxx Xxxxxx, and Xxxxx Xxxxxxxxxx are herein defined as the “Named Individuals.” The Parties agree that during the Term, Parks shall have not place another name on the rightBuilding other than “Mothers’ Boathouse in honor of Xxxxxx Xxxxxx, from time Xxxx Xxxxxx, and Xxxxx Xxxxxxxxxx”. During the Term, Xxxxx will use reasonable efforts to time upon refer to the Building as “Mothers’ Boathouse in honor of Xxxxxx Xxxxxx, Xxxx Xxxxxx and Xxxxx Xxxxxxxxxx” on the Parks website and in public statements. If, after the Term, Licensee (including its successors and assigns) is granted a subsequent license or other rights to use, occupy, maintain and/or operate the Building in a material manner, the parties identified in the first paragraph of this Agreement shall use their best efforts to ensure continuation of the Naming Rights under identical terms as provided in Articles 8.24 and 8.25 herein for the duration of such subsequent licenses or other rights. (b) Parks may require the termination of the Naming Rights and/or Donor Recognition by giving at least sixty (60) calendar days 30 days’ prior written notice to Tenant Licensee, which identifies a non- arbitrary or capricious reason, solely relating to name or re-name the MOB provided that such conduct of the Named Individual whose name is proposed to be removed, as the basis for termination or suspension of the Naming Rights and/or Donor Recognition regarding such Named Individual; provided the removal of such individual’s name from the Naming Rights shall not likely affect the Naming Rights and/or Donor Recognition of the remaining Named Individuals (i.e. if the name of one of the Named Individuals is removed, only that Named Individual’s name shall be removed from the Naming Rights and/or Donor Recognition and the Building shall continue to materially and negatively affect Tenant’s ability to market and lease space within be named after the MOBremaining Named Individuals consistent with this License). If Tenant determinesAny cost or expense for such removal referenced in this paragraph, will be the sole responsibility of Licensee. (c) Reasons for the removal of the name of a Named Individual from the Naming Rights and/or Donor Recognition that are not arbitrary or capricious shall solely include: (x) such individual engaging in its reasonable discretion, conduct that a proposed name is likely to materially and negatively affect Tenant’s ability to lease space in the MOBreasonable opinion of Xxxxx would cause a significant diminution in the reputation of Parks or would be substantially inconsistent with its objects or mission; or (y) such Named Individual being formally charged with any violation of law involving moral or ethical issues under any criminal statute the character of which would constitute “moral turpitude” as that term is understood by courts in the United States of America and which would materially adversely impact Parks’ reputation, Tenant shall deliver written notice of objection to Landlord image, mission or integrity and such charge is not dismissed within ten one hundred eighty (10) calendar days after receiving notice of the proposed name setting forth in detail the objection(s). If the Tenant fails to object to the name selected by the Landlord within ten (10180) days, it provided that, in either case, if the Named Individual that was so charged is ultimately not found guilty in a court of law of any such violation or such charges are otherwise dropped or dismissed, the name of such Named Individual, if removed from the Naming Rights and/or Donor Recognition, shall be presumed reinstated subject to clause (x), preceding. Any cost or expense for such reinstated Naming Right and/or Donor Recognition referenced in this paragraph, will be the sole responsibility of Licensee. (d) In the event that he Tenant has approved a Named Individual’s name is removed from either the same. The Parties shallNaming Rights and/or Donor Recognition by Xxxxx pursuant to this License, then such removing party shall work in good faith, use commercially reasonable efforts faith to resolve permit the dispute by mutual agreement. If such dispute cannot be settled by mutual agreement within a reasonable time, either Tenant or Landlord may submit the dispute to a reputable appraiser or real estate consultant familiar donor(s) associated with the metropolitan market mutually selected by Tenant and Landlordremoved Named Individual to replace the removed Named Individual’s name with one of their grandmother’s names with respect to the Naming Rights and/or Donor Recognition, whichever the case shall be, and the decision of such appraiser or consultant shall be conclusive and binding upon the Parties. Tenant hereby expressly approves of any name utilizing “Xxxxxxx Memorial Hospital” or any derivation thereof and approves of any name and of any derivation thereof of any hospital as may, from time to time, be located on the Campus. Landlord shall also have the right to require the placement of such name, at Landlord’s sole cost, designed in a manner acceptable to Landlord and approved by Tenant, which approval replacement shall not be unreasonably conditioned, withheld, conditioned or delayed, denied except on account of such grandmother’s conduct that Xxxxx and Licensee reasonably hold to be objectionable; provided that the exterior of donors associated with the MOB in a location or locations acceptable to Landlord and approved by Tenant, which approval shall other Named Individuals whose names are not be unreasonably conditioned, withheld or delayedremoved may, in compliance with all Legal Requirements. Such right shall include the right to the placement of any sign, logo, service xxxx or other similar xxxx either alone, or in conjunction with such name, on the exterior of the MOB in compliance with all Legal Requirements. Tenant shall not change the name of the MOB without the prior written consent of Landlord, which consent may be conditioned or withheld at the their sole and absolute discretion of Landlorddiscretion, reject the alternate name. The signage referred to Any cost or expense for such replacement Naming Rights and/or Donor Recognition referenced in this Section 4.3 paragraph, will be the sole and exclusive signage permitted on the exterior responsibility of the MOB and Tenant may not place any sign or signage on the Property, visible from outside the MOB without Landlord’s prior written consent. Landlord will reimburse Tenant for reasonable, out-of-pocket costs and expenses incurred by Tenant in re-naming the MOB pursuant to this Section 4.3, including, but not limited to costs relating to the removal and replacement of existing signage with the signage containing the new nameLicensee.

Naming Rights. Landlord For so long as Tenant, its Affiliates and/or Successors are Directly Occupying (as defined in Section 36.1 of the Original Lease [as may have been previously amended]) at least 275,000 square feet of Rentable Area in the Project, Tenant shall have the right, from time exclusive right to time upon at least sixty retain the name of the Tower as (60i) calendar days prior written notice to “Capella Tower,” or (ii) any other name which identifies Tenant to name (or re-name the MOB provided that such name is not likely to materially and negatively affect Tenant’s ability to market and lease space within the MOB. If an Affiliate of Tenant determines, in its reasonable discretion, that a proposed name is likely to materially and negatively affect Tenant’s ability to lease occupying significant space in the MOB, Tenant shall deliver written notice of objection to Landlord within ten (10Project) calendar days after receiving notice of the proposed name setting forth in detail the objection(s). If the Tenant fails to object to the name selected by the Landlord within ten (10) days, it shall be presumed that he Tenant has approved the same. The Parties shall, in good faith, use commercially reasonable efforts to resolve the dispute by mutual agreement. If such dispute cannot be settled by mutual agreement within a reasonable time, either Tenant or Landlord may submit the dispute to a reputable appraiser or real estate consultant familiar with the metropolitan market mutually is selected by Tenant and Landlord, and the decision of such appraiser or consultant shall be conclusive and binding upon the Parties. Tenant hereby expressly approves of any name utilizing “Xxxxxxx Memorial Hospital” or any derivation thereof and approves of any name and of any derivation thereof of any hospital as may, from time to time, be located on the Campus. Landlord shall also have the right to require the placement of such name, at Landlord’s sole cost, designed in a manner acceptable to Landlord and approved by TenantLandlord, which approval shall not be unreasonably conditioned, withheld, conditioned or delayed, on the exterior of the MOB in a location or locations acceptable to Landlord and approved by Tenant, which approval shall not be unreasonably conditioned, withheld or delayeddelayed (the “Naming Right”). For so long as Tenant’s Naming Right is in effect, in Tenant shall have the exclusive right, at Tenant’s expense, to maintain the existing monument sign with the name Capella Tower (together with any subsequent name thereon pursuant to the Naming Right) at the Sixth Street and Second Avenue entry way to the Project, subject to compliance with all applicable Legal Requirements. Such right The Naming Right shall include be personal to Capella Education Company and may not be assigned other than to an Affiliate or Successor. If, at any time, Tenant, its Affiliates and/or Successors are not Directly Occupying at least 275,000 square feet of Rentable Area in the right to Project or the placement of any signLease is terminated, logo, service xxxx or other similar xxxx either alone, or in conjunction with such name, on the exterior of the MOB in compliance with all Legal Requirements. Tenant then (i) Tenant’s Naming Right shall not forever terminate and Landlord may change the name of the MOB without Tower, (ii) Landlord may remove, at Tenant’s expense, any Naming Right signage, and (iii) Landlord may grant rights to name the prior written consent of Landlord, which consent may be conditioned or withheld at the sole and absolute discretion of LandlordTower to any third party. The signage referred to Nothing in this Section 4.3 will be shall preclude Landlord from granting, and Landlord shall have the sole right, at any time and exclusive signage permitted on from time to time to grant naming rights with respect to the exterior Building to any third party. Notwithstanding the foregoing, Tenant shall have the right after the expiration or termination of the MOB Lease to require Landlord to remove the Capella name from the Tower (and to cease use of any name associated with Tenant, or any of its Affiliates, in connection with the Tower or the Project) at any time upon not less than ninety (90) days’ prior written notice provided that Tenant reimburses Landlord for all third-party costs incurred by Landlord in removing and replacing such signage as necessary. Further, and notwithstanding anything to the contrary in the Lease, for so long as Tenant, its Affiliates and/or Successors are Directly Occupying at least 100,000 square feet of Rentable Area in the Project, Landlord shall not grant the exclusive right to name the Tower or the Building to a Direct Competitor of Tenant or change the name of the Tower or the Building to reflect the name of a Direct Competitor of Tenant. Tenant’s rights under this Section 12 may not place any sign or signage on be assigned apart from the PropertyLease. From and after the Seventh Amendment Effective Date, visible from outside the MOB without Landlord’s prior written consent. Landlord will reimburse Tenant for reasonable, out-of-pocket costs and expenses incurred by Tenant in re-naming the MOB pursuant to this Section 4.312 replaces and supersedes Section 36.2 of the Original Lease, including, but not limited to costs relating to as previously amended by Section 22 of the removal Second Amendment and replacement by Section 4 of existing signage with the signage containing the new nameSixth Amendment.

Naming Rights. At such time, if any, as Tenant, its Affiliates and/or Successors are Directly Occupying over 400,000 square feet of Rentable Area in the Project and for so long thereafter as Tenant, its Affiliates and/or Successors are Directly Occupying at least 300,000 square feet of Rentable Area in the Project, Tenant shall have the exclusive right to name the Tower (i) "Capella Tower," or (ii) any other name which identifies Tenant (or an Affiliate of Tenant occupying significant space in the Project) that is selected by Tenant and approved by Landlord, which approval shall not to be unreasonably withheld or delayed (the "NAMING RIGHT"); provided that if Tenant, its Affiliates and/or Successors are Directly Occupying less than 350,000 square feet, but more than 300,000 square feet of Rentable Area in the Project, then Landlord may terminate the Naming Right, but only if the exclusive right to name the Tower is going to be granted by Landlord to a tenant that will be or is leasing more space in the Project than Tenant. For so long as Tenant's Naming Right is in effect, Tenant shall have the exclusive right, at Tenant's expense, to install and maintain one monument sign with the name Capella Tower (or other name as discussed above) at the Sixth Street and Second Avenue entry way to the Project, subject to Landlord's reasonable approval as to the design, size and actual location of the same and compliance with all applicable Legal Requirements. Tenant shall pay all costs which are incurred by Landlord in connection with so identifying the Tower and all costs which Landlord is required to pay as reimbursement to any tenants of the Tower because of such name change and all costs incurred by Landlord to remove existing Project signage and replace any such removed signage with signage of comparable quality. The Naming Right shall be personal to Capella Education Company and may not be assigned other than to an Affiliate or Successor. If, at any time, (i) Tenant, its Affiliates and/or Successors are not Directly Occupying at least 300,000 square feet of Rentable Area in the Project, (ii) Landlord terminates the Naming Right in order to grant the right to name the Tower to a larger tenant as permitted above, or (iii) this Lease is terminated, then (x) Tenant's Naming Right shall forever terminate and Landlord may change the name of the Tower, (y) Landlord may remove, at Tenant's expense, any signage with the name that Tenant has chosen for the Tower, and (z) Landlord may grant rights to name the Tower to any third party in the case of clause (i) and (iii) above. Nothing in this Section shall preclude Landlord from granting, and Landlord shall have the right, from at any time to time upon at least sixty (60) calendar days prior written notice to Tenant to name or re-name the MOB provided that such name is not likely to materially and negatively affect Tenant’s ability to market and lease space within the MOB. If Tenant determines, in its reasonable discretion, that a proposed name is likely to materially and negatively affect Tenant’s ability to lease space in the MOB, Tenant shall deliver written notice of objection to Landlord within ten (10) calendar days after receiving notice of the proposed name setting forth in detail the objection(s). If the Tenant fails to object to the name selected by the Landlord within ten (10) days, it shall be presumed that he Tenant has approved the same. The Parties shall, in good faith, use commercially reasonable efforts to resolve the dispute by mutual agreement. If such dispute cannot be settled by mutual agreement within a reasonable time, either Tenant or Landlord may submit the dispute to a reputable appraiser or real estate consultant familiar with the metropolitan market mutually selected by Tenant and Landlord, and the decision of such appraiser or consultant shall be conclusive and binding upon the Parties. Tenant hereby expressly approves of any name utilizing “Xxxxxxx Memorial Hospital” or any derivation thereof and approves of any name and of any derivation thereof of any hospital as may, from time to time, be located on to grant naming rights with respect to the Campus. Building to any third party and Landlord shall also have the right, at any time prior to the date on which Tenant would otherwise become entitled to the Naming Right, to grant the exclusive right to require name the placement Tower to any tenant of such namethe Project that leases more Rentable Area in the Project than Tenant. Notwithstanding anything to the contrary in this Lease, at Landlord’s sole cost, designed in a manner acceptable to Landlord and approved by for so long as Tenant, which approval its Affiliates and/or Successors are Directly Occupying at least 100,000 square feet of Rentable Area in the Project, Landlord shall not be unreasonably conditioned, withheld, conditioned or delayed, on grant the exterior of the MOB in a location or locations acceptable to Landlord and approved by Tenant, which approval shall not be unreasonably conditioned, withheld or delayed, in compliance with all Legal Requirements. Such right shall include the exclusive right to name the placement Tower or the Building to a Direct Competitor of any sign, logo, service xxxx Tenant or other similar xxxx either alone, or in conjunction with such name, on the exterior of the MOB in compliance with all Legal Requirements. Tenant shall not change the name of the MOB without Tower or the prior written consent Building to reflect the name of Landlord, which consent may be conditioned or withheld at the sole and absolute discretion a Direct Competitor of LandlordTenant. The signage referred to in Tenant's rights under this Section 4.3 will be the sole and exclusive signage permitted on the exterior of the MOB and Tenant 36.2 may not place any sign or signage on be assigned apart from the Property, visible from outside the MOB without Landlord’s prior written consent. Landlord will reimburse Tenant for reasonable, out-of-pocket costs and expenses incurred by Tenant in re-naming the MOB pursuant to this Section 4.3, including, but not limited to costs relating to the removal and replacement of existing signage with the signage containing the new nameLease.