RIGHT OF PRIOR OFFER Sample Clauses

RIGHT OF PRIOR OFFER. During the Initial Term (but not any renewals thereof), Landlord shall not lease all or any part of the Reserved Area specified in Paragraph 24 of the Basic Lease Information, except as provided in this Section 44. Subject to the current rights of other tenants in the Building and subject to the existing tenants or such space (or affiliates of such tenants) not renewing or extending their lease agreements for such space, at any time during the Initial Term that Landlord determines to lease all or any part of the Reserved Area, Landlord shall notify Tenant of the portion of the Reserved Area which Landlord is willing to lease (the "Expansion Area") and the Base Rent for which Landlord is willing to lease the Expansion Area. If Tenant, within five (5) days after receipt of Landlord's notice, confirms in writing its agreement to lease the Expansion Area on the terms and conditions set forth in Landlord's notice, the Expansion Area shall be included within the Premises and leased to Tenant pursuant to the terms and conditions of Landlord's notice and otherwise on the terms and conditions of this Lease; provided, however, that the Base Rent payable under this Lease shall be increased by the amount of Base Rent attributable to the Expansion Area and Tenant's proportionate share of Estimated Operating Costs and Actual Operating Costs shall be adjusted to reflect the addition of the Expansion Area. The parties shall immediately execute an amendment to this Lease stating the addition of the Expansion Area to the Premises. Tenant's right to lease the Expansion Area shall be subject to no breach or default by Tenant exiting under the Lease and shall be further subject to Landlord's review and approval of Tenant's current financials as of the commencement of Tenant's lease of the Expansion Area. If Tenant does not confirm in writing, within five (5) days after receipt of Landlord's notice, its agreement to lease the Expansion Area, Landlord thereafter shall have the right to lease the Expansion Area to any third party, and the rights granted to Tenant pursuant to this Section 44 shall be of no further force or effect. The right of prior offer granted in this Section 44 may be exercised by the named Tenant only, and not by any successors or assignees of Tenant. Notwithstanding anything to the contrary herein, Tenant acknowledges that Landlord is currently negotiating the terms of a lease of the Reserved Area with NorWest Mine Services, Inc. or affiliates ("NorWest"). T...
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RIGHT OF PRIOR OFFER. 28 EXHIBITS EXHIBIT A FLOOR PLAN OF THE PREMISES . . . . . . . . . . . . . . . A-L EXHIBIT B DESCRIPTION OF THE REAL PROPERTY . . . . . . . . . . . . X-X EXHIBIT C CONFIRMATION OF LEASE TERM . . . . . . . . . . . . . . . C-L EXHIBIT D FORM OF TENANT ESTOPPEL CERTIFICATE. . . . . . . . . . . D-L EXHIBIT E RULES AND REGULATIONS. . . . . . . . . . . . . . . . . . E-L EXHIBIT F SPACE PLAN . . . . . . . . . . . . . . . . . . . . . . . F-L LAKEPOINTE CENTRE I LEASE THIS LEASE is entered into by and between Landlord and Tenant, as specified in the Basic Lease Information, which is incorporated herein by reference, as of the date shown in Paragraph 1 of the Basic Lease Information.

Related to RIGHT OF PRIOR OFFER

  • Termination of Prior Agreements The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an Acquiring Fund and an Acquired Fund that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(1) of the 1940 Act (the “Prior Section 12 Agreements”). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 Agreements.

  • Termination of Prior Agreement Upon the effectiveness of this Agreement, the Prior Agreement shall terminate and be of no further force and effect, and shall be superseded and replaced in its entirety by this Agreement.

  • Effect of Prior Agreements This Agreement contains the entire understanding between the parties hereto and supersedes any prior employment agreement between the Company or any predecessor of the Company and the Executive.

  • Incorporation of Prior Agreements This Lease and the attachments listed in Section 1.16 contain all agreements of the parties with respect to the lease of the Premises and any other matter mentioned herein. No prior or contemporaneous agreement or understanding pertaining to any such matter shall be effective. Except as otherwise stated in this Lease, Tenant hereby acknowledges that no real estate broker nor Landlord or any employee or agents of any of said persons has made any oral or written warranties or representations to Tenant concerning the condition or use by Tenant of the Premises or the Project or concerning any other matter addressed by this Lease.

  • Amendment of Prior Agreement The Prior Agreement is hereby amended and restated and superseded in its entirety and restated herein. Such amendment and restatement shall be effective upon the execution of this Agreement by the Company and the parties required for an amendment pursuant to Section 6.6 of the Prior Agreement. Upon such execution, all provisions of, rights granted and covenants made in the Prior Agreement are waived, released and superseded in their entirety by the provisions hereof and shall have no further force or effect.

  • Merger of Prior Agreements This Agreement and the exhibits hereto constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties relating to the subject matter hereof.

  • Incorporation of Prior Agreements; Modifications This Lease is the only agreement between the parties pertaining to the lease of the Property and no other agreements are effective. All amendments to this Lease shall be in writing and signed by all parties. Any other attempted amendment shall be void.

  • No Breach of Prior Agreement I represent that my performance of all the terms of this Agreement and my duties as an employee of the Company will not breach any invention assignment, proprietary information, confidentiality or similar agreement with any former employer or other party. I represent that I will not bring with me to the Company or use in the performance of my duties for the Company any documents or materials or intangibles of a former employer or third party that are not generally available to the public or have not been legally transferred to the Company.

  • Incorporation of Prior Agreements; Amendments This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing only, signed by the parties in interest at the time of the modification. Except as otherwise stated in this Lease, Lessee hereby acknowledges that neither the real estate broker listed in Paragraph 15 hereof nor any cooperating broker on this transaction nor the Lessor or any employees or agents of any of said persons has made any oral or written warranties or representations to Lessee relative to the condition or use by Lessee of said Premises and Lessee acknowledges that Lessee assumes all responsibility regarding the Occupational Safety Health Act, the legal use and adaptability of the Premises and the compliance thereof with all applicable laws and regulations in effect during the term of this Lease except as otherwise specifically stated in this Lease.

  • No Prior Offer The Mortgage Loan has not previously been offered for sale;

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