Right of Opportunity Sample Clauses

Right of Opportunity. (a) Subject to the provisions of this Article, if, during the Term of this Lease, office space located on the eighth (8th) and/or, (i) if Landlord does not timely deliver the Swap Notice to Tenant under Section 2.1(b), the eleventh (11th) floor of the Building or (ii) if Landlord timely delivers the Swap Notice to Tenant under Section 2.1(b), the tenth (10th) floor of the Building, becomes available for lease from Landlord (or Landlord reasonably anticipates that such space will become available for lease from Landlord) prior to the last fifteen (15) months of the initial Term (or, if Tenant has theretofore extended the Term in accordance with the provisions of Article 28, then prior to the last thirty-six (36) months of such Extension Term) (the “ROFO Space”), Landlord shall so notify Tenant (the “Landlord’s ROFO Notice”) of the anticipated availability date (the “ROFO Commencement Date”) and, Tenant shall have the right to lease all (but not less than all) of the ROFO Space (the “Right of Opportunity”) by delivering Tenant’s notice of such election to Landlord (“Tenant’s ROFO Notice”) within seven (7) Business Days after Xxxxxxxx gives Xxxxxxxx’s ROFO Notice to Tenant. If Tenant exercises Tenant’s Right of Opportunity less than thirty-six (36) months prior to the Expiration Date for the initial Term, Tenant shall concurrently exercise Tenant’s Extension Option for the Extension Term as set forth under Article 28, and Tenant shall have the right to exercise its Extension Option at such time notwithstanding anything to the contrary set forth in Article 28. (b) Any provision of this Lease to the contrary notwithstanding, Xxxxxx’s Right of Opportunity shall be subject to the following: (i) With respect to any ROFO Space available for lease as of the Effective Date, Tenant’s Right of Opportunity shall not apply to such ROFO Space until Landlord has hereafter entered into a lease with a third-party tenant for such ROFO Space containing such terms as Landlord deems acceptable in Landlord’s sole discretion (including, without limitation, any fixed expansion or extension rights that Landlord might grant such tenant(s) for such ROFO Space) with a third-party tenant and the term of such lease has expired with respect to such ROFO Space (including, without limitation, the expiration of any lease term extension period(s), regardless of whether the extension right or agreement is contained in such lease or is agreed to at any time by Landlord and the tenant under such...
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Right of Opportunity. If at any time during the “Term” (as defined in that certain Future Development Agreement, by and between REIT and GHS, dated as of September , 2009 (the “Future Development Agreement”)), GHS desires to develop and/or sell any of the properties set forth on Exhibit A hereto (the “Properties”) with “Outside Funding” (as hereinafter defined) (any such development or sale, an “Opportunity”), GHS shall offer REIT such Opportunity on the terms set forth in the Future Development Agreement and this Agreement. If REIT is offered any such Opportunity to develop and/or purchase such Property, REIT may elect, in its sole and absolute discretion, to accept such Opportunity. For purposes of this Agreement, “Outside Funding” shall mean funding for the applicable development and/or sale of a Property which comes from sources other than (A) GHS itself, (B) joint venture relationships with other healthcare providers or (C) physicians or other tenants of space occupied by GHS.
Sample 1
Right of Opportunity. Provided that Tenant is not in default of any term or condition of the Lease and that an event has not occurred which, with the giving of notice or passage of time would constitute a default, Tenant shall have the right of first opportunity ("Right of First Opportunity") to lease those certain adjacent spaces in the Building, commonly known as Xxxxx 000, Xxxxx 000, and Suite 124, and identified on Exhibit A attached hereto and incorporated herein by this reference ("Adjacent Space"), on the following terms and conditions: (a) Tenant may exercise the Right of First Opportunity at any time by written notice to Landlord prior to Tenant's receipt of a Third Party Notice to the extent that such space is available or by written notice thereof to Landlord by execution of a lease agreement or amendment hereto, as appropriate, within fifteen (15) days thereafter. In the event Tenant exercises the Right of First Opportunity prior to receipt of a Third Party Notice, Tenant shall be obligated to lease all Adjacent Space of the designated suite, at the then current market rate for comparable space and lease terms in the Building, and in no event shall the per square foot Base Rent payable with respect to the Adjacent Space be less than the per square foot Base Rent payable for the Premises. Provided that if Tenant elects the First Right of Opportunity within the first twelve (12) months of the Original Lease commencement date, then the Net
Sample 1
Right of Opportunity. N-C will notify PAL in writing if N-C wishes to license rights to broadcast of any of its products in a radio format not covered by the license granted hereunder, including, for example, pay-per-listen, cable radio, Internet radio, and AM or FM radio syndication. If PAL is interested in acquiring such rights, it will so notify N-C within fifteen (15) days after receipt of N-C's notice, and the parties agree to thereupon negotiate in good faith upon the terms of a license. If the parties are unable to enter into a definitive written agreement within forty-five (45) days after N-C's notification, then N-C may negotiate with others, and may enter into an agreement to license such rights with any party of its choosing, without further restriction by this Agreement. Nothing contained herein, however, shall restrict or prohibit or otherwise affect N-C's right to sell, assign or license its rights to any work in any media now known or hereafter known, other than satellite radio broadcast technology.
Sample 1
Right of Opportunity. This Rider is attached to and a part of that certain Fourth Amendment to Standard Lease Agreement dated as of September 29, 2000 (the "Fourth Amendment"), executed by and between AGBRI XXXXXX X.X., a Delaware Limited partnership ("Landlord"), and INTERLIANT, INC., a Delaware corporation ("Tenant"). Any capitalized term not defined herein shall have the meaning assigned to it in the Lease, as such term is defined in the Fourth Amendment. Landlord and Tenant agree as follows:
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Right of Opportunity. Addendum No. 5 Right of Opportunity.
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Right of Opportunity. If Landlord decides during the term of this -------------------- Lease Agreement to sell the Premises, it shall afford Tenant the opportunity to purchase the Premises upon THE terms and conditions established TO BE OFFERED by ---- -------------- Landlord, provided that Tenant is not then in default under any of the terms and conditions of this Lease Agreement. Tenant shall have ten (10) days after being notified of the terms and conditions imposed by Landlord upon sale of the Premises within which to notify Landlord of its election either to purchase said Premises or waive the right. Once having waived the right to purchase, the right granted Tenant hereunder shall terminate even though Landlord may thereafter desire to sell said Premises.
Sample 1
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Right of Opportunity. If Tenant is not in default of any of the terms, conditions, or covenants of the Lease and Landlord is engaged in negotiation with a third party to enter into a lease for all of or any portion of that area marked as "First Opportunity Area", in Exhibit "B", attached hereto, Landlord shall notify Tenant of such interest. Within ten (10) working days after Landlord gives Tenant notice, Tenant shall: (1) notify Landlord in writing of its desire to lease that space which said third party is interested in leasing: or, (2) notify Landlord in writing of its intention not to take said space. Failure to timely notify Landlord of its desire to lease said space or failure to enter into a written lease agreement or amendment with Landlord within thirty (30) days of notification of third party interest for said space, shall be deemed a rejection of such space by Tenant and this Right of First Opportunity shall terminate immediately. A. The rental rate for the First Right of Opportunity space, if exercised during the first twelve (12) months of the lease term, shall be at the same rate and terms as the primary lease. If Tenant's exercise of the First Right of Opportunity occurs after the twelfth (12th) month of the lease term, the rental rate shall be the then current fair market rate for properties of equivalent size, utility and location, with the length of the lease term and credit standing of the Tenant to be taken in account.
Sample 1

Related to Right of Opportunity

  • 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

  • Interviewing Opportunity A representative of the Union or Xxxxxxx shall be given an opportunity to interview each new Employee within regular working hours, without loss of pay, for a maximum of thirty (30) minutes during the first month of employment for the purpose of acquainting the new Employee with the benefits and duties of Union membership and its responsibilities and obligations to the Employer and the Union.

  • Bonus Opportunity The Company shall offer each year an incentive bonus compensation plan. Such plan will include an annual bonus target amount equal to at least 50% of the Executive’s annual base salary and shall contain such additional terms as determined by the Chief Executive Officer. The amount of any bonus payable to Executive in any year shall be based upon performance targets established in advance under the bonus plan and Executive’s achievement of such performance criteria.

  • Corporate Opportunity During the Employment Period, Executive shall submit to the Board all business, commercial and investment opportunities or offers presented to Executive, or of which Executive becomes aware, at any time during the Employment Period, which opportunities relate to the business of designing, manufacturing, marketing, or selling electromechanical or electronic sensors or controls (“Corporate Opportunities”). During the Employment Period, unless approved by the Board, Executive shall not accept or pursue, directly or indirectly, any Corporate Opportunities on Executive’s own behalf.

  • EQUAL HOUSING OPPORTUNITY The Property is offered in compliance with Federal, State, and local anti-discrimination laws.

  • Investment Opportunities To the fullest extent permitted by applicable law, the doctrine of corporate opportunity, or any analogous doctrine, shall not apply to any Member, any of their respective Affiliates, or any of their respective officers, directors, agents, shareholders, members, managers and partners (each, a “Business Opportunities Exempt Party”). The Company renounces any interest or expectancy of the Company in, or in being offered an opportunity to participate in, business opportunities that are from time to time presented to any Business Opportunities Exempt Party. No Business Opportunities Exempt Party who acquires knowledge of a potential transaction, agreement, arrangement or other matter that may be an opportunity for the Company or any of its subsidiaries shall have any duty to communicate or offer such opportunity to the Company. No amendment or repeal of this Section 8.4 shall apply to or have any effect on the liability or alleged liability of any Business Opportunities Exempt Party for or with respect to any opportunities of which any such Business Opportunities Exempt Party becomes aware prior to such amendment or repeal. Any Person purchasing or otherwise acquiring any interest in any Units shall be deemed to have notice of and consented to the provisions of this Section 8.4. Neither the alteration, amendment or repeal of this Section 8.4, nor the adoption of any provision of this Agreement inconsistent with this Section 8.4, shall eliminate or reduce the effect of this Section 8.4 in respect of any business opportunity first identified or any other matter occurring, or any cause of action, suit or claim that, but for this Section 8.4, would accrue or arise, prior to such alteration, amendment, repeal or adoption.

  • Investment Opportunities and Allocation The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment program to the Company that is consistent with the investment policies and objectives of the Company, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company even if the opportunity is of character that, if presented to the Company, could be taken by the Company. In the event an investment opportunity is located, the allocation procedure set forth under the caption “Conflicts of Interest – Certain Conflict Resolution Measures – Allocation of Investment Opportunities” in the Registration Statement shall govern the allocation of the opportunity among the Company and Affiliates of the Advisor.

  • EMPLOYMENT OPPORTUNITIES The Personnel Department will mail to the Association copies of all recruitment bulletins. Tentative examination bulletins approved by the Head of the Examining Division of the Personnel Department will be mailed two (2) calendar days prior to the date that said bulletins are scheduled to be approved by the Civil Service Commission.

  • 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.

  • Equal Opportunity It is hereby declared that equal opportunity and nondiscrimination shall be the County’s policy intended to assure equal opportunities to every person, regardless of race, religion, sex, sexual orientation and gender expression/identity, color, age, disability or national origin, in securing or holding employment in a field of work or labor for which the person is qualified, as provided by Section 17-314 of the Orange County Code and the County Administrative Regulations. Further, the CONTRACTOR shall abide by the following provisions: A. The CONTRACTOR shall represent that the CONTRACTOR has adopted and maintains a policy of nondiscrimination as defined by applicable County ordinance throughout the term of this contract. B. The CONTRACTOR shall allow reasonable access to all business and employment records for the purpose of ascertaining compliance with the non-discrimination provision of the contract. C. The provisions of the prime contract shall be incorporate by the CONTRACTOR into the contracts of any applicable subcontractors.

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