Superior Rights. Except for the rights, if any, of the Government of the United States, as set forth herein, UWMRF represents and warrants that (a) it is the owner of the entire right, title, and interest in and to the Licensed Patents, (b) it has the sole right to grant licenses thereunder, and (c) it has not granted licenses thereunder to any other entity that would restrict rights granted to Company except as stated herein.
Superior Rights. 14.1 Except for the rights, if any, of the Government of the United States of America as set forth below, BOARD represents and warrants its belief that (a) it is the owner of the entire right, title, and interest in and to LICENSED SUBJECT MATTER, (b) it has the sole right to grant licenses thereunder, and (c) it has not knowingly granted licenses thereunder to any other entity that would restrict rights granted hereunder except as stated herein.
Superior Rights. Lessee’s right of first offer shall be subordinate to the rights specifically described on Schedule 7(c) (collectively, the “Superior Rights”) of the named tenants (collectively, the “Superior Rights Holders”) under the leases (collectively, the “Superior Leases”) identified on Schedule 7(c) attached hereto, for so long as those named tenants remain the tenants under such Superior Leases and such Superior Leases remain in effect. Without limiting the foregoing, Lessor and Lessee acknowledge that Lessee currently occupies space within the Xxxx Building and the Xxxxx Building (herein, the “Excluded Space”) pursuant to separate lease agreements between Lessor and Lessee. Notwithstanding anything to the contrary in the Lease, Lessee hereby acknowledges and agrees that (a) Lessee’s right of first offer provided in this Paragraph 7 shall not arise with respect to the Excluded Space until the expiration or earlier termination of the first lease of each portion of the Excluded Space between Lessor and a third party which commences following the date upon which Lessee’s lease of the subject Excluded Space expires or is otherwise terminated (each such first lease herein, an “Initial Excluded Space Lease”), and (b) for the purposes of this Paragraph 7, each such lease shall constitute a Superior Lease, the tenant thereunder shall constitute a Superior Rights Holder and any rights granted to such tenant in such lease shall constitute Superior Rights. As used in this Paragraph 7, the term “Become Available” shall mean that (i) with the exception of Lessee’s separate lease of the Excluded Space in existence on the date of this Second Amendment, the Superior Lease of the subject First Offer Space has terminated, either by default, mutual agreement, or expiration of the initial term of such Superior Lease, and (ii) the space which was the subject of such existing lease has not been relet to any of the Superior Rights Holders (including, any of the third party lessees of the Excluded Space referenced in the preceding sentence), or a permitted assignee of any such Superior Rights Holder (as provided in the respective Superior Lease), immediately thereafter, either through (X) the exercise of any Superior Right within the subject Superior Lease, or (Y) the exercise of a Superior Right by any other Superior Rights Holder, or (Z) (1) with respect to all periods on or before December 31, 2022, in the case of leases of retail space only, the renewal, whether by right or negotiat...
Superior Rights. The right of the County in and to all public rights-of-way located within the unincorporated areas of Pima County are and forever will be paramount and superior to the rights of the Town and any other licensee or franchisee.
Superior Rights. The Company and the Promoters shall use their best efforts to ensure that any Person is not provided with rights in relation to the Company which are more favourable than those provided to IITK without IITK’ prior written consent.
Superior Rights. Absent a compelling business reason to do so, the Company agrees that it will not, pursuant to any transaction with a Competitor, grant such Competitor contractual rights superior to those granted herein to VCO with respect to access to Company information, inspection rights, Board of Directors representation, preemptive rights to acquire Company securities, or other similar rights. If, however, pursuant to any transaction with a Competitor, such Competitor is granted contractual rights superior to those granted to VCO herein, the Company will grant to VCO the same contractual rights afforded to such Competitor, to the extent the Company is legally able to do so.
Superior Rights. None of the Company, the Sponsor or any of its respective affiliates will enter into any arrangement, agreement or understanding containing terms relating to the subscription for, or acquisition of, Warrants and/or Founder Shares that are more favorable to the counterparty than those set forth in this Agreement.
Superior Rights. 3.1 Except for the rights, if any, of the Government of the United States, as set forth below, Board represents and warrants its belief that (i) it is the owner of the entire right, title, and interest in and to Licensed Subject Matter, (ii) it has the right to grant licenses thereunder, and (iii) it has not knowingly granted licenses thereunder to any other entity that would restrict rights granted to PLx except as stated herein.
Superior Rights. Lessee’s right of first offer shall be subordinate to the following: (i) all renewal and expansion rights of HarperCollins Publishers Incorporated (“Xxxxxx”) pursuant to that certain Office Lease, dated as of November 22, 1991, covering approximately 55,657 rentable square feet located in the Koshland Building – East Wing, 3rd and 4th floors, and any renewal rights (but excluding any expansion rights) of such lease agreement to be negotiated in the future with Xxxxxx; (ii) all renewal and expansion rights of UDV North America, Inc. (“UDV”) pursuant to that certain Office Lease, dated as July 15, 1998, covering approximately 35,006 rentable square feet located in the Koshland Building – West Wing, 3rd and 4th 4 floors, and that certain First Amendment to Lease currently pending execution covering approximately 4,000 rentable square feet in the Koshland Building – West Wing, 1st floor, and any renewal rights (but excluding any expansion rights) of such lease agreements to be negotiated in the future with UDV; (iii) all renewal and expansion rights of Xxxx & Partners/SMS, Inc. (“Xxxx”) pursuant to that certain Office Lease, dated as October 29, 1998, covering approximately 18,117 rentable square feet located in the Koshland Building – West Wing, 2nd floor, and any renewal rights (but excluding any expansion rights) of such lease agreement to be negotiated in the future with Xxxx; and (iv) all renewal and expansion rights of Xxxxx Xxxxxxx (“Xxxxxxx”) pursuant to that certain Office Lease currently pending execution covering approximately 2,600 rentable square feet in the Koshland Building – West Wing, 1st floor, and any renewal rights (but excluding any expansion rights) of such lease agreement to be negotiated in the future with Xxxxxxx (collectively, the “Superior Rights”). Xxxxxx, UDV, Xxxx and Xxxxxxx shall from time to time hereinafter be collectively referred to as the “Superior Right Holders”. The Superior Rights of the Superior Right Holders that have been agreed upon in writing as of the execution date of this Amendment are set forth on Schedule 11(c) attached hereto.
Superior Rights. Tenant’s Expansion Option for Expansion Area A shall be subject and subordinate to Landlord’s right to lease all or any portion of Expansion Area A to McKinsey & Company, Inc. for all or part of the Term. Tenant’s Expansion Option for Expansion Area B shall be subject and subordinate to Landlord’s right to lease all or any portion of Expansion Area B to Compuware Corporation for all or part of the Term. Notwithstanding any provision of this Section to the contrary, in the event that Landlord enters into such a lease for either Expansion Area A or Expansion Area B, the applicable Expansion Option shall be null and void and without further force or effect; provided, however, with respect to the Expansion Option for Expansion Area B, Landlord shall use reasonable efforts (at no additional cost to Landlord) to identify and substitute alternative space in the Building between 10,000 and 20,000 square feet of Rentable Floor Area and which Landlord anticipates will be available on or about the Estimated Expansion Date for Expansion Area B. Landlord shall from time to time, upon request of Tenant, advise Tenant of the status of such superior rights. If such superior rights with respect to Expansion Area B have been exercised, then upon request of Tenant, Landlord shall so notify Tenant and such notice shall identify alternative expansion space within the Central Pod, if any, meeting the parameters above and thereafter, such alternative space shall be deemed to be Expansion Area B hereunder. Landlord's failure to identify alternative space meeting the parameters set forth herein, for any reason, shall not give rise to any liability of Landlord, shall not constitute a default of Landlord, and shall not affect the validity of the Lease.
