Common use of Right of Refusal to Purchase Clause in Contracts

Right of Refusal to Purchase. During the Term hereof, should Landlord receive a bona fide offer from any third party to purchase the Premises which Landlord desires to accept, Landlord shall, before accepting such offer, notify Tenant in writing of all of the terms and conditions thereof and shall first offer in writing to sell the Premises to Tenant upon the same terms and conditions. Upon receipt of any such notice and offer from Landlord, Tenant shall have thirty (30) days thereafter within which to accept the same. Should Tenant fail to accept any such offer within said thirty (30) day period, Landlord shall be free to sell the Premises to the original offeror upon the same terms and conditions offered to Tenant without further notice to Tenant, which sale shall be subject to this Lease, including Tenant's right of first refusal contained herein. Should Landlord, after having made such offer to Tenant as above-described, fail to sell the Premises upon the same terms and conditions offered to Tenant, Landlord shall give Tenant notice in the manner set forth above of any further or different offers received by Landlord for the purchase of the Premises and shall first offer to sell the same to Tenant upon the same terms and conditions before accepting any such further or different offer. It is expressly understood and agreed by and between the parties hereto that Tenant shall have the right of first refusal with respect to each and every offer to sell or purchase made or received by Landlord or by any successor Landlord, and that Landlord at the time of the making or receipt of such offer to sell or purchase shall in each and every instance notify Tenant of such offer in the manner set forth above, and Tenant shall have the right to purchase the Premises under the terms and conditions of such offer in accordance with the terms and provisions set forth above.

Right of Refusal to Purchase. During the Term hereofhereof and provided there is no uncured default by Tenant, should Landlord receive a bona fide offer from any third party to purchase the Premises which Landlord desires to accept, Landlord shall, before accepting such offer, notify Tenant in writing of all of the terms and conditions thereof and shall first offer in writing to sell the Premises to Tenant upon the same terms and conditions. Upon receipt of any such notice and offer from Landlord, Tenant shall have thirty (30) days thereafter within which to accept the same. Should Tenant fail to accept any such offer within said thirty (30) day period, Landlord shall be free to sell the Premises to the original offeror upon the same terms and conditions offered to Tenant without further notice to Tenant, which sale shall be subject to this Lease, including Tenant's right of first refusal contained herein. Should Landlord, after having made such offer to Tenant as above-described, fail to sell the Premises to the original offeror upon the same terms and conditions offered to Tenant within one hundred-twenty (120) days of making such offer to Tenant, Landlord shall give Tenant notice in the manner set forth above of any further or different offers received by Landlord for the purchase of the Premises and shall first offer to sell the same to Tenant upon the same terms and conditions before accepting any such further or different offer. It is expressly understood and agreed by and between the parties hereto that Tenant shall have the right of first refusal with respect to each and every offer to sell or purchase made or received by Landlord or by any successor Landlord, and that Landlord at the time of the making or receipt of such offer to sell or purchase shall in each and every instance notify Tenant of such offer in the manner set forth above, and Tenant shall have the right to purchase the Premises under the terms and conditions of such offer in accordance with the terms and provisions set forth above.

Right of Refusal to Purchase. During the Term hereofof this Lease, should Landlord receive a bona fide offer from any third party to purchase the Premises referred to as Building D thereon which Landlord desires to accept, Landlord shall, before accepting such offer, notify Tenant in writing of all of the terms and conditions thereof (including a copy of the offer) and shall first offer in writing to sell at minimum Building D and the Premises areas north and south thereof (as further described on Exhibit A) that Tenant currently occupies to Tenant upon the same terms and conditionsconditions to be negotiated in good faith based upon the bona fide offer price received. Upon receipt of any At such notice time the parties shall mutually agree on a procedure to negotiate the purchase price and offer from Landlordother terms, Tenant provided negotiations shall have not be less than thirty (30) days thereafter and the parties shall negotiate in good faith. At such time if Tenant notifies Landlord in writing it does not wish to purchase any portion of the Premises or fails to respond to Landlord’s notice within which to accept the same. Should Tenant fail to accept any such offer within said thirty ten (3010) day periodbusiness days after receipt thereof, Landlord shall be free to sell the Premises to the original offeror upon the same terms and conditions offered to Tenant without further notice to Tenant, which sale shall be subject to this Lease, including Tenant's right of first refusal contained herein. Should Landlord, after having made such offer to Tenant as above-described, fail to sell the Premises upon the same terms and conditions offered to Tenant, Landlord shall give Tenant notice in the manner set forth above of any further or different offers received by Landlord for the purchase of the Premises and shall first offer to sell the same to Tenant upon the same terms and conditions before accepting any such further or different offer. It is expressly understood and agreed by and between the parties hereto that Tenant shall have the this right of first refusal with respect to each and every offer to sell or purchase made or received by Landlord or by any successor Landlord, Landlord and that the then Landlord at the time of the making or receipt of such offer to sell or purchase shall in each and every instance notify Tenant of such offer in the manner set forth above, above and Tenant shall have the right to purchase Building D and the Premises areas north and south thereof under the terms and conditions of such offer in accordance with the terms and provisions set forth above. 5. The following in is hereby added as Paragraph 24:

Right of Refusal to Purchase. During the Term term and any extensions or renewals hereof, should Landlord receive a bona fide offer from any third party (Other than any affiliate of Landlord) to purchase the Premises which Landlord desires to accept, Landlord shall, before accepting such offer, notify Tenant in writing of all of the terms and conditions thereof (including a copy of the offer) and shall first offer in writing to sell the Premises to Tenant upon the same terms and conditions. Upon receipt of any such notice and offer from Landlord, Tenant shall have thirty twenty (3020) days thereafter within which to accept the same. Should Tenant fail to accept any such offer within said thirty twenty (3020) day period, Landlord shall be free to sell the Premises to the original offeror upon the same terms and conditions offered to Tenant without further notice to Tenant, which sale shall be subject to this Lease, including Tenant's right of first refusal contained herein. Should Landlord, after having made such offer to Tenant as above-describedabove‑described, fail to sell the Premises upon the same terms and conditions offered to Tenant, Landlord shall give Tenant notice in the manner set forth above of any further or different offers received by Landlord for the purchase of the Premises and shall first offer to sell the same to Tenant upon the same terms and conditions before accepting any such further or different offer. It is expressly understood and agreed by and between the parties hereto that Tenant shall have the right of first refusal with respect to each and every offer to sell or purchase made or received by Landlord or by any successor Landlord, Landlord and that the then Landlord at the time of the making or of receipt of such offer to sell or purchase shall in each and every instance notify Tenant of such offer in the manner set forth above, above and Tenant shall have the right to purchase the Premises under the terms and conditions of such offer in accordance with the terms and provisions set forth above.

Right of Refusal to Purchase. During the Term hereofof this Lease, should Landlord receive a bona fide offer from any third party to purchase the Premises referred to as Building D thereon which Landlord desires to accept, Landlord shall, before accepting such offer, notify Tenant in writing of all of the terms and conditions thereof (including a copy of the offer) and shall first offer in writing to sell at minimum Building D and the Premises areas north and south thereof (as further described on Exhibit A) that Tenant currently occupies to Tenant upon the same terms and conditionsconditions to be negotiated in good faith based upon the bona fide offer price received. Upon receipt of any At such notice time the parties shall mutually agree on a procedure to negotiate the purchase price and offer from Landlordother terms, Tenant provided negotiations shall have not be less than thirty (30) days thereafter and the parties shall negotiate in good faith. At such time if Tenant notifies Landlord in writing it does not wish to purchase any portion of the Premises or fails to respond to Landlord's notice within which to accept the same. Should Tenant fail to accept any such offer within said thirty ten (3010) day periodbusiness days after receipt thereof, Landlord shall be free to sell the Premises to the original offeror upon the same terms and conditions offered to Tenant without further notice to Tenant, which sale shall be subject to this Lease, including Tenant's right of first refusal contained herein. Should Landlord, after having made such offer to Tenant as above-described, fail to sell the Premises upon the same terms and conditions offered to Tenant, Landlord shall give Tenant notice in the manner set forth above of any further or different offers received by Landlord for the purchase of the Premises and shall first offer to sell the same to Tenant upon the same terms and conditions before accepting any such further or different offer. It is expressly understood and agreed by and between the parties hereto that Tenant shall have the this right of first refusal with respect to each and every offer to sell or purchase made or received by Landlord or by any successor Landlord, Landlord and that the then Landlord at the time of the making or receipt of such offer to sell or purchase shall in each and every instance notify Tenant of such offer in the manner set forth above, above and Tenant shall have the right to purchase Building D and the Premises areas north and south thereof under the terms and conditions of such offer in accordance with the terms and provisions set forth above. 5. The following in is hereby added as Paragraph 24:

Right of Refusal to Purchase. During the Term hereof, should Landlord receive a bona fide offer from any third party to purchase the Premises which Landlord desires to accept, Landlord shall, before accepting such offer, notify Tenant in writing of all of the terms and conditions thereof and shall first offer in writing to sell the Premises to Tenant upon the same terms and conditions. Upon receipt of any such notice and offer from Landlord, Tenant shall have thirty twenty (3020) days thereafter within which to accept the same. Should Tenant fail to accept any such offer within said thirty twenty (3020) day period, Landlord shall be free to sell the Premises to the original offeror upon the same terms and conditions offered to Tenant without further notice to Tenant, which sale shall be subject to this Lease, including except that Tenant's right of first refusal contained hereinherein shall thereupon terminate. Should Landlord, after having made such offer to Tenant as above-described, fail to sell the Premises to the original offeror upon the same terms and conditions offered to Tenant within one hundred-eighty (180) days of making such offer to Tenant, Landlord shall give Tenant notice in the manner set forth above of any further or different offers received by Landlord for the purchase of the Premises and shall first offer to sell the same to Tenant upon the same terms and conditions before accepting any such further or different offer. It is expressly understood and agreed by and between In the parties hereto that event Tenant shall have the right of first refusal with respect to each and every offer to sell or purchase made or received by Landlord or by any successor Landlord, and that Landlord at the time of the making or receipt of such offer to sell or purchase shall in each and every instance notify Tenant of such offer in the manner set forth above, and Tenant shall have the does not exercise its right to purchase the Premises under and the terms and conditions of such offer same is sold in accordance with this section to the terms original offeror, Tenant's rights under this section shall terminate upon such sale. The foregoing notwithstanding, Tenant's right of first refusal contained in this section shall not be effective and provisions set forth aboveshall not apply in the event of, and Landlord shall not be required to first offer to sell the Premises to Tenant prior to: (a) the transfer of the Premises to and among (i) entities or trusts, directly or indirectly owned, controlled, controlling, or under common control by or with Landlord, (ii) W. Xxxxxxx Xxxxxxxx or Xxxxx Xxxxxxxx, or any person who is a descendant, by blood relation or adoption, of W. Xxxxxxx Xxxxxxxx or Xxxxx Xxxxxxxx, or any spouse or adopted child of any of the foregoing (the "Related Parties"), or (iii) any entity or trust, directly or indirectly owned, controlled, controlling, or under common control by or with Landlord or one or more Related Parties; (b) the granting of a bona fide mortgage, deed of trust, ground lease, or other financing arrangement, or the foreclosure or deed in lieu of foreclosure thereunder; or (c) the exercise by any holder of any prior rights in and to the Premises, including, without limitation, any option holders; provided, however, that any such transfer of the Premises shall be subject to this Lease, including Tenant's right of first refusal contained herein.