Termination of First Refusal Right. The foregoing right of first refusal shall terminate upon the earlier of:
Termination of First Refusal Right. Tenant’s right of first refusal set forth in this Section 1.3 shall automatically terminate and be of no further force or effect as of the last day of the initial Lease Term (regardless of whether such Lease Term is extended pursuant to the terms of Section 2.2 of this Lease or otherwise).
Termination of First Refusal Right. Tenant’s right of first refusal set forth in this Section 1.4 shall terminate and expire as of the first (1st) anniversary of the Lease Commencement Date. Accordingly, as of the first (1st) anniversary of the Lease Commencement Date, the provisions of this Section 1.4 shall be deleted and of no further force or effect.
Termination of First Refusal Right. The First Refusal Right shall automatically terminate upon the occurrence of (i) a Corporate Transaction as defined in the Option Agreement, or (ii) a firm commitment underwritten initial public offering by AlphaSmart. * This provision is the subject of a Confidential Treatment Request.
Termination of First Refusal Right. Tenant's right of first refusal set forth in this Section 12 shall automatically terminate and be of no further force or effect as of the last day of the Lease Term, as the same may be extended, including, without limitation, pursuant to any Option Term, as applicable. 10. Emergency Generators. Effective as of the date of this Third Amendment, Section 29.35 of the Office Lease is hereby amended and restated as follows: Subject to the terms hereof and applicable laws, Tenant shall have the right to install one (1) back-up electrical generator and one (1) auxiliary above-ground fuel tank for such generator 723517.06/WLA 214064-00020/7-15-14/pjr 13 12400 HIGH BLUFF DRIVE Third Amendment [AMN Healthcare, Inc.] Exhibit 10.1 (with a fuel tank not to exceed 25,000 gallons) (collectively, the "New Generator") in the area adjacent to the Building as generally shown on Exhibit A of the Third Amendment, and in the particular location reasonably designated by Landlord (the "New Generator Area"). All connections (cables, cable trays, etc.) from such New Generator to the Premises shall be located in areas reasonably approved by Landlord, but shall in any event be located and installed in a manner similar to that of the existing generator previously installed by Tenant (the "Existing Generator"), which Existing Generator Tenant shall continue to have the right to operate pursuant to the terms of the Lease. The New Generator and Existing Generator are, collectively, the Generators. In no event shall Tenant permit the New Generator to interfere with normal and customary use or operation of the Building and Project by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odor). Tenant shall be responsible for any and all costs, if any, incurred by Landlord as a result of or in connection with Tenant's installation, operation, use and/or removal of the New Generator and/or the Existing Generator. Landlord, at Landlord's sole cost and expense, shall install screening, landscaping or other improvements as reasonably desired by Landlord (but without implied obligation) to satisfy its aesthetic requirements in connection with the New Generator and/or the Existing Generator. Subject to Landlord's prior approval of all plans and specifications, which approval shall not be unreasonably withheld, conditioned or delayed, and at Tenant's sole cost and expense, Landlord shall permit Tenant to install and maintain the New Generator in the New Ge...
Termination of First Refusal Right. Section 7. Rents and Fees
Termination of First Refusal Right. Upon the exercise of the First Refusal Right by Tenant, or the failure by Tenant to exercise the First Refusal Right, as provided for herein, the First Refusal Right shall, without any further notification from City to Tenant, terminate as to any portion of the Option Area that did not apply to the exercise of the First Refusal Right.
Termination of First Refusal Right. The rights contained in this Section 3.2.3 shall be personal to the Original Tenant and its Permitted Affiliates (and not any other assignee, sublessee or other transferee of the Original Tenant’s interest in this Lease) if the Original Tenant and/or its Permitted Affiliate occupies at least sixty percent (60%) of the then existing Premises. The right to lease First Refusal Space as provided in this Section 3.2 may not be exercised if, as of the date of the attempted exercise of the expansion option by Tenant, or as of the scheduled date of delivery of such First Refusal Space to Tenant, Tenant is in default under this Lease (beyond any applicable notice and cure periods) or Tenant has previously been in economic default under this Lease (beyond any applicable notice and cure periods) more than once during the previous twelve (12) month period.
Termination of First Refusal Right. The rights contained in this Section 1.4 shall be personal to the Original Tenant and may only be exercised by the Original Tenant, its Affiliate or its Permitted Assignee (and not any other assignee, subleasee or other transferee of the Original Tenant’s interest in this Lease) if the Original Tenant, its Affiliate and/or its Permitted Assignee (i) is in occupancy of the entire then-existing Premises, or (ii) is in occupancy of no less than sixty percent (60%) of the then-existing Premises and retains the absolute right, and confirms in writing concurrently with its acceptance notice to Landlord, its intent to itself occupy the entire First Refusal Space throughout the term applicable to such First Refusal Space. The right to lease First Refusal Space as provided in this Section 1.4 may not be exercised if, as of the date of the attempted exercise of the expansion option by Tenant, or as of the scheduled date of delivery of such First Refusal Space to Tenant, Tenant is in default under this Lease (beyond any applicable notice and cure periods) or Tenant has previously been in economic default under this Lease (beyond any applicable notice and cure periods) more than twice during the previous twelve (12) month period.
Termination of First Refusal Right. The rights contained in this Section 1.6 shall be personal to Original Tenant, and may only be exercised by Original Tenant and its Permitted Assignees (and not by any assignee, sublessee, or other Transferee of Tenant’s interest in this Lease) if the Lease then remains in full force and effect and if Original Tenant occupies the entire Premises (i.e., the initial Premises and the Xxxxxx Expansion Space). Tenant shall not have the right to lease the Fremont ROFR Space as provided in this Section 1.6 if, as of the date of the attempted exercise of the right of first refusal by Tenant, or as of the scheduled date of delivery of the Fremont ROFR Space, Tenant is in monetary or material non-monetary default under this Lease. If Tenant does not exercise the right of first refusal set forth in this Section 1.6 prior to the expiration of the ROFR Period (whether or not Landlord has delivered a Fremont ROFR Notice), then Tenant’s right of first refusal shall automatically terminate and be of no further force or effect.
