Common use of Right to Lease Clause in Contracts

Right to Lease. Subject to any prior exercise by Tenant of the -------------------- expansion option set forth in Paragraph 8 above, Tenant shall have a continuous first right of refusal (provided Tenant is not then in default hereunder beyond the expiration of any applicable notice and cure periods) to lease any available space on the fourth floor of the Building upon the same terms, provisions, and conditions that Landlord indicates it would be willing to accept from a bona fide third party, as set forth in a written notice from Landlord to Tenant ("Landlord's Notice"). Such right must be exercised, if at all, by Tenant delivering written notice to Landlord, within three (3) business days of Tenant's receipt of any such Landlord's Notice ("Expansion Acceptance Date"), that Tenant irrevocably agrees to lease such space upon the exact terms, provisions, and conditions set forth in the particular Landlord's Notice. If Tenant timely exercises such right, then Tenant and Landlord shall promptly execute a lease for such additional space upon the exact terms, provisions, and conditions contained in the particular Landlord's Notice. If Tenant fails to accept the terms, provisions, and conditions in a particular Landlord's Notice by the particular Expansion Acceptance Date, then Landlord may, within 12 months after the particular Expansion Acceptance Date ("Third Party Deadline"), lease the space described in the particular Landlord's Notice to a third party for a rental amount not less than ninety-two and a half percent (92.5%) of the rental rate set forth in the particular Landlord's Notice. The calculation of the amount of rent to be paid by any third party tenant shall take into account any special provisions amounting to a rent abatement or concession in favor of the third party tenant. If Landlord does not rent the space described in the particular Landlord's Notice by the Third Party Deadline, Landlord must issue another Landlord's Notice and comply with this Paragraph with regard to the particular space before leasing it to a third party. The process described herein will continue until a particular space is leased by Tenant pursuant to a Landlord's Notice or such space is rented to a third party in accordance with this Paragraph.

Right to Lease. Subject Landlord hereby grants Tenant throughout the term of this Amendment hereof a first right to lease (herein called the "First Right to Lease") any prior exercise portion of the space (herein called the "Expansion Space") located on the third and fourth floors of the building, which is not subject to a (A) written lease agreement or (B) renewal option by the tenant currently in occupancy. Landlord agrees to notify Tenant of the -------------------- expansion option set forth in Paragraph 8 abovestatus of the tenants located on the third and fourth floors of the Building with renewal options and the future availability of space located on the third and fourth floors of the Building. If Landlord notifies Tenant of the availability of the Expansion Space, Tenant shall have a continuous first right of refusal notify Landlord on or before five (provided Tenant is not then in default hereunder beyond the expiration of any applicable notice and cure periods) to lease any available space on the fourth floor of the Building upon the same terms, provisions, and conditions that Landlord indicates it would be willing to accept from a bona fide third party, as set forth in a written notice from Landlord to Tenant ("Landlord's Notice"). Such right must be exercised, if at all, by Tenant delivering written notice to Landlord, within three (35) business days of Tenant's after receipt of any such Landlord's Notice ("Expansion Acceptance Date"), that notice whether or not Tenant irrevocably agrees elects to lease such space upon the exact terms, provisions, and conditions set forth in the particular Landlord's Notice. If Tenant timely exercises such right, then Tenant and Landlord shall promptly execute a lease for such additional space upon the exact terms, provisions, and conditions contained in the particular Landlord's NoticeExpansion Space. If Tenant fails to accept notify Landlord within such five (5) business day period, Tenant shall be deemed to have elected not to lease the termsExpansion Space. If Tenant desires to lease the Expansion Space, provisionsLandlord and Tenant shall proceed to make and enter into an amendment to this Lease with respect to the Expansion Space. The base rent, the additional rent and any allowances with respect to the Expansion Space on the fourth floor shall be negotiated at that time by Landlord and Tenant. The term of the Lease with respect to the Expansion Space shall be coterminous with the term of this Lease except that in no event shall the term be less than three (3) years. The obligation to pay the rent, the additional rent and all other charges shall commence not later than the date which is sixty (60) days after the lease for the Expansion Space is executed by Landlord and Tenant. If Landlord and Tenant fail to enter into a Letter of Intent based on terms and conditions satisfactory to each on or before thirty (30) days after the date Tenant notifies Landlord that Tenant desires to lease the Expansion Space, the rights of Tenant hereunder shall lapse and expire and Landlord may lease the Expansion Space to any other person or entity without any liability to Tenant by reason thereof. Furthermore, if Landlord and Tenant fail to execute the amendment to this lease or a new lease on terms and conditions satisfactory to each, inclusive of all construction drawings, "Improvements", and conditions in a particular Landlord's Notice by all other details necessary to execute the particular Expansion Acceptance Date, then Landlord may, aforesaid document within 12 months ninety (90) days after the particular date Tenant notifies Landlord that Tenant desires to lease the Expansion Acceptance Date Space, the Rights of Tenant shall lapse and expire and for any term Landlord may lease the Expansion Space to any other person or entity within a one hundred and twenty (120) day period without notice or any liability to Tenant. Landlord and Tenant agree to exercise good faith in negotiating the terms and conditions of the lease for the Expansion Space. In the event Tenant does not lease the Expansion Space within the above described period and Landlord receives a bona fide offer (excluding, however, any offer arising out of or relating to an existing expansion option, renewal option, or first right to lease (the "Third Party DeadlineOffer"), lease Landlord shall submit written notice to Tenant specifying the space described in the particular Landlord's Notice to a third party for a rental amount not less than ninety-two and a half percent (92.5%) terms of the rental rate Offer. The Tenant shall have the right (the "Right of First Refusal"), exercisable at any time within five (5) business days from the date of such notice, to lease said portion of the said floor that is the subject of the Offer pursuant to the terms and provisions set forth in the particular Offer. If Tenant elects to exercise the Right of First Refusal, it shall, prior to the end of said five (5) business day period deliver written notice of such exercise to the Landlord's Notice. The calculation , and the leasing of said portion of said floor shall commence on the last day of said five (5) business day period or upon completion of the amount Tenant improvements, whichever is later and shall be evidenced by a lease amendment executed by Tenant and Landlord. If the Tenant does not exercise such Right of rent First Refusal within said five (5) business day period or shall fail to deliver written notice of such exercise as provided above, the Landlord shall be paid by any third party tenant shall take into account any special provisions amounting free to a rent abatement or concession in favor lease said portion of the third party tenant. If Landlord does not rent Building, or any part thereof, to the space described Offeror upon the same terms and conditions as contained in the particular Landlord's Notice by the Third Party Deadline, Landlord must issue another Landlord's Notice and comply with this Paragraph with regard to the particular space before leasing it to a third party. The process described herein will continue until a particular space is leased by Tenant pursuant to a Landlord's Notice or such space is rented to a third party in accordance with this ParagraphOffer.

Right to Lease. Subject In the event Lessor desires to any prior exercise by lease additional space within the building of which the Demised Premises is a part, Lessor shall notify Tenant, in writing, of same. Tenant shall respond to Lessor on or before seven (7) days after its receipt of the -------------------- expansion option set forth in Paragraph 8 above, aforesaid notice from Lessor whether or not it wishes to proceed with negotiations to occupy said space. In the event Lessor and Tenant shall have are unable to agree upon the terms of a continuous first right of refusal (provided Tenant is not then in default hereunder beyond the expiration of any applicable notice and cure periods) to lease any available agreement for said space on the fourth floor of the Building upon the same terms, provisions, and conditions that Landlord indicates it would be willing to accept or before thirty (30) days after Tenant receives notice from a bona fide third partyLessor, as set forth in a written notice from Landlord to Tenant ("Landlord's Notice"). Such right must be exercisedaforesaid, if at all, by Tenant delivering written notice to Landlord, within three (3) business days of Tenant's receipt of any such Landlord's Notice ("Expansion Acceptance Date"), that Tenant irrevocably agrees to then Lessor may lease such space upon to others, provided the exact terms, provisionsterms of the lease agreement for such space are the same as or no more favorable to the new tenant than those offered by Lessor to Tenant. The obligation of Landlord to offer such space to Tenant is a one time right, and conditions set forth in the particular Landlord's Notice. If Tenant timely exercises having once offered such right, then space to Tenant and Landlord shall promptly execute a lease for such additional space upon the exact terms, provisions, and conditions contained in the particular Landlord's Notice. If Tenant fails to accept the terms, provisions, and conditions in a particular Landlord's Notice by the particular Expansion Acceptance Date, then Landlord may, within 12 months after the particular Expansion Acceptance Date ("Third Party Deadline"), lease the space described in the particular Landlord's Notice to a third party for a rental amount not less than ninety-two and a half percent (92.5%) of the rental rate set forth in the particular Landlord's Notice. The calculation of the amount of rent to be paid by any third party tenant shall take into account any special provisions amounting to a rent abatement or concession in favor of the third party tenant. If Landlord does not rent the space described in the particular Landlord's Notice by the Third Party Deadline, Landlord must issue another Landlord's Notice and comply with this Paragraph with regard to the particular space before leasing leased it to a third party, Landlord shall have no further obligation to Tenant to offer such space to Tenant." The Lease Agreement, as amended hereby, is hereby ratified and affirmed by Landlord and Tenant. The process described herein will continue until In addition to the amendments set forth above, Landlord and Tenant hereby agree that a particular space is leased three percent (3%) cash-out commission in the amount of $30,846.00 shall be payable to Northco as follows: a) $15,423.00 to be paid upon execution of this Second Amendment; and b) $15,423.00 to be paid on July 1, 1995. Tenant acknowledges that TMW Real Estate Management, Inc. has represented Landlord in connection with this Second Amendment and shall be compensated by Tenant Landlord pursuant to a Landlord's Notice or such space is rented separate agreement. This Second Amendment shall have no force and effect and shall not be binding on Landlord unless and until Tenant delivers to Landlord a third party duly executed Reaffirmation of and Amendment to Guarantee in accordance with this Paragraphthe form attached hereto as Exhibit "A" and by reference incorporated herein. This Second Amendment shall be governed exclusively by the provisions hereof and by the laws of the State of Minnesota.

Right to Lease. Subject to Excluding the current entity with whom Sublandlord is presently negotiating for sublease space in the Building, and provided Subtenant is not in default in any prior exercise by Tenant of the -------------------- expansion option set forth in Paragraph 8 aboveterms, Tenant shall have a continuous first right covenants or conditions of refusal (provided Tenant is not then in default hereunder this Sublease beyond the expiration of any applicable notice and or cure periods) , Subtenant shall have an ongoing right to lease any available additional space on in the fourth floor Building which is then currently leased by Sublandlord from Prime Landlord pursuant to the Prime Lease (hereinafter referred to as the “Right to Lease Space”). Sublandlord will advise Subtenant of the Building upon availability of the same terms, provisions, Right to Lease Space and the terms and conditions that Landlord indicates it Sublandlord would be willing to accept from a bona fide third partyaccept, as and Subtenant shall have fifteen (15) days within which to respond to Sublandlord’s offer, TIME HEREBY BEING MADE OF THE ESSENCE. Subtenant may exercise this right only in regard to the entire Right to Lease Space. The term of the lease for the Right to Lease Space shall expire coterminously with the Expiration Date of this Sublease. Should Subtenant elect to lease the Right to Lease Space, it shall do so at the rate and upon the terms set forth in a written notice from Landlord Sublandlord’s offer. Should Subtenant decline Sublandlord’s offer, or fail to Tenant ("Landlord's Notice"). Such right must respond within the time period set forth above, then, and in such event, Sublandlord shall be exercised, if at all, by Tenant delivering written notice to Landlord, within three (3) business days of Tenant's receipt of any such Landlord's Notice ("Expansion Acceptance Date"), that Tenant irrevocably agrees free to lease such space upon the exact terms, provisions, and conditions set forth in the particular Landlord's Notice. If Tenant timely exercises such right, then Tenant and Landlord shall promptly execute a lease for such additional space upon the exact terms, provisions, and conditions contained in the particular Landlord's Notice. If Tenant fails Right to accept the terms, provisions, and conditions in a particular Landlord's Notice by the particular Expansion Acceptance Date, then Landlord may, within 12 months after the particular Expansion Acceptance Date ("Third Party Deadline"), lease the space described in the particular Landlord's Notice Lease Space to a third party for upon substantially the same terms and conditions as that offered to Subtenant. “Substantially the same terms and conditions,” as used herein, shall mean terms not materially different or a rental amount rent of not less more than ninety-two and a half percent five (92.55%) percent below the rent requested by Sublandlord of Subtenant. Should Subtenant accept Sublandlord’s offer, the description of the rental rate set forth in Subleased Premises, the particular Landlord's Notice. The calculation Rent and Subtenant’s Proportionate Share shall be adjusted to reflect the inclusion of the amount of rent Right to be paid by any third party tenant shall take into account any special provisions amounting Lease Space. In the event Sublandlord has not leased the Right to a rent abatement or concession in favor of the third party tenant. If Landlord does not rent the space described in the particular Landlord's Notice by the Third Party Deadline, Landlord must issue another Landlord's Notice and comply with this Paragraph with regard to the particular space before leasing it to a third party. The process described herein will continue until a particular space is leased by Tenant pursuant to a Landlord's Notice or such space is rented Lease Space to a third party in accordance within six (6) months from the expiration of the aforesaid fifteen (15) day period, then Sublandlord agrees to reoffer the Right to Lease Space to Subtenant together with this Paragraphthe terms and conditions Sublandlord would be willing to accept.

Right to Lease. Subject Landlord agrees that, in the event this Lease is terminated for any reason (including but not limited to any prior exercise default by Tenant Tenant), at the request of the -------------------- expansion option set forth in Paragraph 8 abovethen first priority Leasehold Mortgagee, Tenant shall have Landlord will enter into a continuous first right of refusal (provided Tenant is not then in default hereunder beyond the expiration of any applicable notice and cure periods) to new lease any available space on the fourth floor of the Building Premises with that Leasehold Mortgagee, which new lease shall commence as of the date of termination of this Lease and shall run for the remainder of the original term of this Lease, at the rent and upon the same terms, provisions, covenants and conditions that Landlord indicates herein contained provided: (i) Such Leasehold Mortgagee requests the new lease in writing within sixty (60) days after it would be willing to accept from a bona fide third party, as set forth in a receives written notice from Landlord that the Lease has been terminated; (ii) Concurrently with the execution of the new lease, such Leasehold Mortgagee pays to Landlord all reasonable expenses, including reasonable attorneys’ fees, which Landlord shall have incurred in the preparation, execution and delivery of the new Lease; (iii) Such Leasehold Mortgagee shall perform and observe all covenants in this Lease to be performed and observed by Tenant; and (iv) The tenant under the new lease shall have the same right of occupancy to the buildings and improvements on the Premises as Tenant ("Landlord's Notice")had under the Lease immediately prior to its termination. Such right must be exercisedNotwithstanding anything to the contrary expressed or implied in this Lease, if at allany new lease made pursuant to this Section 17 shall have the same priority as this Lease with respect to any mortgage, by Tenant delivering written notice deed of trust, or other lien, charge, or encumbrance on fee title to Landlord, within three (3) business days of Tenant's receipt of any such Landlord's Notice ("Expansion Acceptance Date"), that Tenant irrevocably agrees to lease such space upon the exact terms, provisionsPremises, and conditions set forth in any sublease under this Lease shall be a sublease under the particular Landlord's Notice. If Tenant timely exercises such right, then Tenant new Lease and Landlord shall promptly execute a lease for such additional space upon the exact terms, provisions, and conditions contained in the particular Landlord's Notice. If Tenant fails not be deemed to accept the terms, provisions, and conditions in a particular Landlord's Notice have been terminated by the particular Expansion Acceptance Date, then Landlord may, within 12 months after the particular Expansion Acceptance Date ("Third Party Deadline"), lease the space described in the particular Landlord's Notice to a third party for a rental amount not less than ninety-two and a half percent (92.5%) termination of the rental rate set forth in the particular Landlord's Notice. The calculation of the amount of rent to be paid by any third party tenant shall take into account any special provisions amounting to a rent abatement or concession in favor of the third party tenant. If Landlord does not rent the space described in the particular Landlord's Notice by the Third Party Deadline, Landlord must issue another Landlord's Notice and comply with this Paragraph with regard to the particular space before leasing it to a third party. The process described herein will continue until a particular space is leased by Tenant pursuant to a Landlord's Notice or such space is rented to a third party in accordance with this ParagraphLease.

Right to Lease. Subject (a) Landlord grants to Tenant the right to lease (i) the Tower Compound measuring approximately two thousand five hundred (2500 SF) square feet, and (ii) the Access and Utility Easement for utility service to the Tower Compound and for unrestricted vehicular and pedestrian access from the nearest public right-of-way along the Property to the Tower Compound. (b) From and after the date of this Lease as set forth above, for the time period set forth below (the “Testing Period”), in exchange for Tenant paying Landlord a one-time payment of one thousand five hundred and 00/100 Dollar ($1,500) Tenant and its agents, employees, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, and other geological or engineering tests or studies of the Premises and surrounding areas of the Property, as is necessary (collectively, the “Tests”), to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate at Tenant’s sole discretion for its use of the Premises and including, without limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"), initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the Premises that, in the opinion of Tenant, are necessary in Tenant’s sole discretion, to determine the physical condition of the Premises, the environmental history of the Premises, Landlord’s title to the Property and the feasibility or suitability of the Premises for Tenant’s use of the Tower Compound and the Access and Utility Easement, all at Tenant’s expense. Tenant will not be liable to Landlord or any prior exercise third party on account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant’s inspection. Tenant will restore the Property to its condition as it existed at the commencement of the Testing Period (as defined below), reasonable wear and tear and casualty not caused by Tenant of the -------------------- expansion option set forth in Paragraph 8 aboveexcepted. In addition, Tenant shall have a continuous first right indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or claims arising directly out of refusal Tenant’s Tests. (provided Tenant is not then in default hereunder beyond the expiration of any applicable notice and cure periodsc) to lease any available space on the fourth floor The initial term of the Building upon Testing Period will be one (1) year (the same terms, provisions, "Initial Testing Period") and conditions that Landlord indicates it would may be willing to accept from a bona fide third party, as set forth in a written notice from Landlord to Tenant ("Landlord's Notice"). Such right must be exercised, if at all, renewed by Tenant delivering for an additional one (1) year upon written notice notification to Landlord and payment of additional consideration of $1,500 to Landlord. (d) During the Initial Testing Period and any extension thereof, within three Tenant may commence the Initial Term of this Lease by commencing visible construction of the Communications Facility (3) business days of Tenant's receipt of any such Landlord's Notice ("Expansion Acceptance Date"as herein defined), that which shall be confirmed in writing from Tenant irrevocably agrees to lease such space upon Landlord commensurate with the exact terms, provisions, and conditions set forth in visible construction of the particular Landlord's NoticeCommunications Facility. If Tenant timely exercises such rightcommences the Initial Term, then Landlord leases the Tower Compound, together with the appurtenant Access and Utility Easement, to Tenant and Landlord shall promptly execute a lease for such additional space upon subject to the exact terms, provisions, terms and conditions contained in the particular Landlord's Noticeof this Lease. If Tenant fails to accept the terms, provisions, and conditions in a particular Landlord's Notice by the particular Expansion Acceptance Date, then Landlord may, within 12 months after the particular Expansion Acceptance Date ("Third Party Deadline"), lease the space described in the particular Landlord's Notice to a third party for a rental amount not less than ninety-two and a half percent (92.5%) of the rental rate set forth in the particular Landlord's Notice. The calculation of the amount of rent to be paid by any third party tenant shall take into account any special provisions amounting to a rent abatement or concession in favor of the third party tenant. If Landlord does not rent commence the space described in Lease during the particular Landlord's Notice by Initial Testing Period or any extension thereof, this Lease will terminate and the Third Party Deadline, Landlord must issue another Landlord's Notice and comply with this Paragraph with regard parties will have no further liability to the particular space before leasing it to a third party. The process described herein will continue until a particular space is leased by Tenant pursuant to a Landlord's Notice or such space is rented to a third party in accordance with this Paragrapheach other.

Right to Lease. Subject Landlord agrees that, in the event of termination of this Lease for any reason (including but not limited to any prior exercise default by Tenant or a rejection of this Lease in Bankruptcy by Tenant), Landlord, if requested by any Leasehold Mortgagee, will enter into a new lease of the -------------------- expansion option set forth in Paragraph 8 abovePremises with the most senior Leasehold Mortgagee requesting a new lease, Tenant which new lease shall have a continuous first right of refusal (provided Tenant is not then in default hereunder beyond the expiration of any applicable notice and cure periods) to lease any available space on the fourth floor commence as of the Building date of termination of this Lease and shall run for the remainder of the original term of this Lease, at the rent and upon the same terms, provisions, covenants and conditions that herein contained, provided: (i) Such Leasehold Mortgagee shall make written request upon Landlord indicates it would be willing to accept from a bona fide third party, as set forth in a for the new lease within sixty days after the date such Leasehold Mortgagee receives written notice from Landlord that the Lease has been terminated; (ii) Such Leasehold Mortgagee shall pay to Landlord at the time of the execution and delivery of the new lease any and all sums which would, at that time, be due and unpaid pursuant to this Lease but for its termination, and in addition thereto all reasonable expenses, including reasonable attorneys fees, which Landlord shall have incurred by reason of such termination; (iii) Such Leasehold Mortgagee shall perform and observe all covenants in this Lease to be performed and observed by Tenant, and shall further remedy any other conditions which Tenant ("Landlord's Notice"). Such right must be exercised, if at all, by Tenant delivering written notice under the Lease was obligated to Landlord, within three (3) business days of Tenant's receipt of any such Landlord's Notice ("Expansion Acceptance Date"), that Tenant irrevocably agrees to lease such space upon the exact perform under its terms, provisionsto the extent the same are reasonably susceptible of being cured by the Leasehold Mortgagee; and (iv) The Tenant under the new lease shall have the same right of occupancy to the buildings and improvements on the Premises as Tenant had under the Lease immediately prior to its termination. Notwithstanding anything to the contrary expressed or implied in this Lease, any new lease made pursuant to this Section 18 shall have the same priority as this Lease with respect to any mortgage, deed of trust, or other lien, charge, or encumbrance on the fee of the Premises, and conditions set forth in any sublease under this Lease shall be a sublease under the particular Landlord's Notice. If Tenant timely exercises such right, then Tenant new Lease and Landlord shall promptly execute a lease for such additional space upon the exact terms, provisions, and conditions contained in the particular Landlord's Notice. If Tenant fails not be deemed to accept the terms, provisions, and conditions in a particular Landlord's Notice have been terminated by the particular Expansion Acceptance Date, then Landlord may, within 12 months after the particular Expansion Acceptance Date ("Third Party Deadline"), lease the space described in the particular Landlord's Notice to a third party for a rental amount not less than ninety-two and a half percent (92.5%) their termination of the rental rate set forth in the particular Landlord's Notice. The calculation of the amount of rent to be paid by any third party tenant shall take into account any special provisions amounting to a rent abatement or concession in favor of the third party tenant. If Landlord does not rent the space described in the particular Landlord's Notice by the Third Party Deadline, Landlord must issue another Landlord's Notice and comply with this Paragraph with regard to the particular space before leasing it to a third party. The process described herein will continue until a particular space is leased by Tenant pursuant to a Landlord's Notice or such space is rented to a third party in accordance with this ParagraphLease.

Right to Lease. (a) Subject to any prior exercise by Tenant the terms of the -------------------- expansion option set forth in this Paragraph 8 aboveand Paragraph 10 below, entitled "Options," Tenant shall have a continuous first continuing right to lease (the "Right to Lease") the approximately 1,400 rentable square feet on the third (3rd) floor of refusal the Building depicted on Exhibit 'A" attached to this Amendment (provided Tenant is not then in default hereunder beyond the 'First Offer Space') to the extent the First Offer Space becomes available for le= to third parties after the expiration of any applicable notice existing lease for such space during the Additional Premises Term, including the expiration of all renewal or extension options under such leases, and cure periods) after the existing tenant or occupant vacates such space. Tenant's Right to lease any available space on Lease is subject and subordinate to the fourth floor rights of all other existing tenants of the Building upon with prior rights relative to the same termsFirst Offer Space or any portion thereof. Landlord's Economic Terms (as defined below) will be delivered to Tenant only after Landlord has appropriately notified and received negative responses from all other tenants with rights in the First Offer Space superior to Tenant's rights. (b) Promptly following written request ("Tenant Request") by Tenant (which may not be given more than twice in any twelve (12) consecutive month period), provisions, and conditions that Landlord indicates it would be willing to accept from a bona fide third party, as set forth in a will give Tenant written notice from Landlord of the availability of the First Offer Space and the date the existing tenant or occupant, if any, is expected to Tenant vacate such space ("Landlord's Availability Notice"'). Such Within five (5) days following delivery of Landlord's Availability Notice, Tenant will have the right must be exercisedto, in writing, request from Landlord a written statement setting forth the basic economic terms, including, but not limited to, Landlord's determination of the Monthly Basic Rent, Tenant Improvement Allowance, if at allany, by Tenant delivering written notice to Landlordand all other economic terms and conditions (collectively, within three (3) business days of Tenant's receipt of any such Landlord's Notice (the "Expansion Acceptance Date"Economic Terms'), that Tenant irrevocably agrees upon which Landlord is willing to lease such space upon the exact terms, provisions, and conditions set forth in the particular Landlord's Notice. If First Offer Space either to Tenant timely exercises such right, then Tenant and Landlord shall promptly execute a lease for such additional space upon the exact terms, provisions, and conditions contained in the particular Landlord's Notice. If Tenant fails to accept the terms, provisions, and conditions in a particular Landlord's Notice by the particular Expansion Acceptance Date, then Landlord may, within 12 months after the particular Expansion Acceptance Date ("Third Party Deadline"), lease the space described in the particular Landlord's Notice to a third party for a rental amount not less than ninety-two and a half percent (92.5%) of the rental rate set forth in the particular Landlord's Notice. The calculation of the amount of rent to be paid by any third party tenant shall take into account any special provisions amounting to a rent abatement or concession in favor of the third party tenant. If Landlord does not rent the space described in the particular Landlord's Notice by the Third Party Deadline, Landlord must issue another Landlord's Notice and comply with this Paragraph with regard to the particular space before leasing it to a third party. The process described herein Such Economic Terms will continue until a particular space is leased represent Landlord's reasonable determination of the fair market rental rate for the First Offer Space determined by Landlord with reference to the parameters set forth in Paragraph 9(c) of this Amendment below. (c) Within five (5) business days after receipt of the Economic Terms from Landlord, Tenant must give Landlord written notice pursuant to which Tenant shall elect to either (i) lease the First Offer Space upon such Economic Terms and the same non-Economic Terms as set forth in the Lease as amended hereby with respect to the Premises, or (ii) refuse to lease such First Offer Space. Tenant's failure to timely choose either clause (i) or clause (ii) above will be deemed to be Tenant's choice of clause (ii) above. (d) If Tenant chooses (or is deemed to have chosen) clause (c)(ii) above, then Tenant's Right to Lease the First Offer Space will be null and void until Tenant once again validly delivers to Landlord a Landlord's Notice or such space is rented Tenant Request, in which event, the procedures and sequences set forth above will be followed. If Tenant exercises its Right to a third party Lease as provided herein, the parties will promptly thereafter execute an additional amendment to the Lease to include the First Offer Space in accordance with this Paragraphthe Premises and to document the lease terms thereof.

Right to Lease. Subject to any prior exercise by Tenant Section 31 of the -------------------- expansion option set forth Original Lease (as previously amended), entitled "Expansion Options of Tenant", is hereby deleted in Paragraph 8 aboveits entirety and replaced with the following: "From and after July 1, 2014, Landlord grants Tenant a right to lease (the "Right to Lease") the Give Back Space on the following basis: i. If Landlord does not lease the Give Back Space to a third party prior to July l, 2014, then following receipt of Landlord's written notice indicating that the Give Back Space remains available for lease ("Landlord's Offer Notice"), Tenant shall have a continuous first right 5 days within which to give Landlord its notice of refusal (provided Tenant is not then in default hereunder beyond its election to exercise its Right to Lease as to the expiration of any applicable notice and cure periods) to lease any available space on the fourth floor of the Building upon the same terms, provisions, and conditions that Landlord indicates it would be willing to accept from a bona fide third party, as set forth in a written notice from Landlord to Tenant Give Back Space ("LandlordTenant's Acceptance Notice"). Such right In order to exercise its Right to Lease, Tenant must be exercisedlease all of the Give Back Space and not only a portion thereof. Additionally, if at all, by Tenant delivering written notice to Landlord, within three (3) business days of Tenant's receipt of any such Landlord's Offer Notice ("Expansion Acceptance Date"), states that Tenant irrevocably agrees to lease such Landlord is negotiating with a third party for space upon which is greater than but includes the exact terms, provisions, and conditions set forth in the particular Landlord's Notice. If Tenant timely exercises such rightGive Back Space, then to exercise the Right to Lease, Tenant must lease the entire space offered by Landlord and Landlord shall promptly execute not only a lease for such additional space upon the exact termsportion thereof. For purposes of this provision, provisions, and conditions contained in the particular Landlord's Notice. If Tenant fails to accept the terms, provisions, and conditions in a particular Landlord's Notice by the particular Expansion Acceptance Date, then Landlord may, within 12 months after the particular Expansion Acceptance Date ("Third Party Deadline"), lease the space described in the particular Landlord's Offer Notice, which shall include, at a minimum, the Give Back Space, hereinafter shall be referred to as the "Offered Space". If Tenant does not timely deliver Tenant's Acceptance Notice to a third party Landlord, it will be conclusively presumed that Tenant has forever waived its Right to Lease, and Tenant will have no further rights to the Offered Space. ii. The Offered Space will be offered to Tenant for a rental amount term coterminous with the Term and upon the provisions and at the Base Rent rate Landlord would lease the Offered Space to third parties. After exercise of the Right to Lease, the parties will execute an amendment to the Lease evidencing the addition of the Offered Space to the Lease. Unless expressly waived by Landlord, Tenant's Right to Lease is conditioned on: (a) Tenant not being in default under the Lease at the time of exercise of the Right to Lease or on the date that Tenant's occupancy of the Offered Space is scheduled to commence; (b) Tenant not having vacated or subleased more than 25% of the Premises or assigned its interest in the Lease at the time it exercises the Right to Lease or on the date that Tenant's occupancy of the Offered Space is scheduled to commence; (c) Tenant's financial condition not having materially adversely changed since the Effective Date; and (d) there being at least three years remaining in the Term. Notwithstanding the foregoing, if there is less than ninety-two three years remaining in the Term but the Right to Lease would otherwise be available to Tenant and a half percent (92.5%) an option to extend the Term is available to Tenant hereunder, Tenant may exercise the Right to Lease provided Tenant simultaneously exercises its option to extend the Term of the rental rate set forth in Lease. Tenant's rights pursuant to this Section are personal to Icon Clinical Research, Inc.; and, upon an assignment of the particular Lease by Icon Clinical Research, Inc. (other than to an assignee permitted pursuant to Section 17 without Landlord's Noticeconsent), this Section shall be null and void. The calculation Furthermore, Tenant's rights hereunder shall forever terminate and expire following a relocation of Tenant to Substitute Premises in a building other than the amount of rent to be paid by any third party tenant shall take into account any special provisions amounting to a rent abatement Building or concession in favor of if the third party tenant. If Landlord does not rent Premises are downsized below the space described in the particular Landlord's Notice by the Third Party Deadline, Landlord must issue another Landlord's Notice and comply with this Paragraph with regard to the particular space before leasing it to a third party. The process described herein will continue until a particular space is square footage leased by Tenant pursuant as of the Commencement Date. iii. Tenant only has the Right to a Landlord's Notice Lease the Give Back Space if the Give Back Space is vacant and available. Tenant shall not have the Right to Lease the Give Back Space upon the renewal or such space is rented to a third party in accordance with this Paragraphextension of an existing lease for the Give Back Space, even if the lease being extended or renewed does not contain an extension or renewal right.