Common use of Tenant’s Right to Assign Lease; Landlord’s Right of First Refusal Clause in Contracts

Tenant’s Right to Assign Lease; Landlord’s Right of First Refusal. 10.1.1. The Tenant shall have the right to assign the Lease as hereinafter provided. In the event that the Tenant proposes to assign this Lease and convey the Premises to an unaffiliated third party assignee (a “Proposed Assignee”), the Tenant shall give the Landlord notice thereof, together with a term sheet identifying the Proposed Assignee, the purchase price to be paid for the Tenant’s leasehold interest so assigned and the Tenant’s Interest in the Premises, the proposed use of the Premises, and other economic terms (an “Assignment Proposal”). The Landlord shall have thirty (30) days after receipt of the Assignment Proposal to elect to purchase the Tenant’s leasehold estate upon the terms and conditions contained in the Assignment Proposal. (30) days period, the Tenant may sell and assign this Lease and convey the Premises to the Proposed Assignee upon terms and conditions substantially the same as, or more favorable to, the Tenant than those contained in the Assignment Proposal. In the event of any such assignment, the Tenant shall be relieved from any liability arising under this Lease from and after the date of such assignment. The Tenant may assign this Lease to any affiliate of the Tenant without triggering the Landlord’s right of first refusal, provided that, upon any such assignment, the Tenant shall remain liable hereunder. Any foreclosure or delivery of a deed- in-lieu of foreclosure in favor of a Leasehold Mortgagee shall not be subject to the provisions of this section.

Tenant’s Right to Assign Lease; Landlord’s Right of First Refusal. 10.1.1. The Tenant shall have the right to assign the Lease as hereinafter provided. In the event that the Tenant proposes to assign this Lease and convey the Premises MOB to an unaffiliated third party assignee (a “Proposed Assignee”), the Tenant shall give the Landlord notice thereof, together with a term sheet identifying the Proposed Assignee, the purchase price to be paid for the Tenant’s leasehold interest so assigned and the Tenant’s Interest interest in the PremisesMOB, the proposed use of the Premises, and other economic terms (an “Assignment Proposal”). The Landlord shall have thirty (30) days after receipt of the Assignment Proposal to elect to purchase the Tenant’s leasehold estate and the MOB upon the terms and conditions contained in the Assignment Proposal. If Landlord fails to exercise such right of first refusal within such thirty (30) days period, the Tenant may sell and assign this Lease and convey the Premises MOB to the Proposed Assignee upon terms and conditions substantially the same as, or more favorable to, the Tenant than those contained in the Assignment Proposal. In the event of any such assignment, the Tenant shall be relieved from any liability arising under this Lease from and after the date of such assignment. The Tenant may assign this Lease to any affiliate of the Tenant without triggering the Landlord’s right of first refusal, provided that, that upon any such assignment, the Tenant shall remain liable hereunder. Any foreclosure or delivery of a deed- deed-in-lieu of foreclosure in favor of a Leasehold Mortgagee shall not be subject to the provisions of this sectionSection.

Tenant’s Right to Assign Lease; Landlord’s Right of First Refusal. 10.1.1. The Tenant shall have the right to assign the Lease as hereinafter provided. In the event that the Tenant proposes to assign this Lease and convey the Premises MOB B to an unaffiliated third party assignee (a “Proposed Assignee”), the Tenant shall give the Landlord notice thereof, together with a term sheet identifying the Proposed Assignee, the purchase price to be paid for the Tenant’s leasehold interest so assigned and the Tenant’s Interest interest in the PremisesMOB B, the proposed use of the Premises, and other economic terms (an “Assignment Proposal”). The Landlord shall have thirty (30) days after receipt of the Assignment Proposal to elect to purchase the Tenant’s leasehold estate and MOB B upon the terms and conditions contained in the Assignment Proposal. If Landlord fails to exercise such right of first refusal within such thirty (30) days period, the Tenant may sell and assign this Lease and convey the Premises MOB B to the Proposed Assignee upon terms and conditions substantially the same as, or more favorable to, the Tenant than those contained in the Assignment Proposal. In the event of any such assignment, the Tenant shall shaft be relieved from any liability arising under this Lease from and after the date of such assignment. The Tenant may assign this Lease to any affiliate of the Tenant without triggering the Landlord’s right of first refusal, provided that, that upon any such assignment, the Tenant shall remain liable hereunder. Any foreclosure or delivery of a deed- deed-in-lieu of foreclosure in favor of a Leasehold Mortgagee shall not be subject to the provisions of this sectionSection.

Tenant’s Right to Assign Lease; Landlord’s Right of First Refusal. 10.1.1. The Tenant shall have the right to assign the Lease as hereinafter provided. In the event that the Tenant proposes to assign this Lease and convey Tenants interest in the Premises Air Space Parcel and Tenant’s Facility to an unaffiliated third party assignee (a “Proposed Assignee”), the Tenant shall give the Landlord notice thereof, together with a term sheet identifying the Proposed Assignee, the purchase price to be paid for the Tenant’s leasehold interest so assigned and the Tenant’s Interest interest in the PremisesTenant’s Facility, the proposed use of the PremisesTenant’s Facility, and other economic terms (an “Assignment Proposal”). The Landlord shall have thirty (30) days after receipt of the Assignment Proposal to elect to purchase the Tenant’s leasehold estate and Tenant’s Facility upon the terms and conditions contained in the Assignment Proposal. If Landlord fails to exercise such right of first refusal within such thirty (30) days period, the Tenant may sell and assign this Lease and convey the Premises Tenant’s Facility to the Proposed Assignee upon terms and conditions substantially the same as, or more favorable to, the Tenant than those contained in the Assignment Proposal. In the event of any such assignment, the Tenant shall be relieved from any liability arising under this Lease from and after the date of such assignment. The Tenant may assign this Lease to any affiliate of the Tenant without triggering the Landlord’s right of first refusal, provided that, that upon any such assignment, the Tenant shall remain liable hereunder. Tenant shall provide Landlord with written notice of such assignment to an affiliate at least thirty (30) days prior to such assignment becoming effective. Any foreclosure or delivery of a deed- deed-in-lieu of foreclosure in favor of a Leasehold Tenant’s Mortgagee shall not be subject to the provisions of this sectionSection 10.1 hereof.