cytogenetics Sample Clauses

cytogenetics. In addition to the foregoing, Landlord shall have the right at any time and from time to time to identify additional activities and procedures then being conducted by Landlord in a written notice to Tenant (a "Supplemental Notice") and any such activities or procedures so identified to Tenant shall thereafter become Competitive Activities and shall be prohibited in all future Space Leases entered into after the delivery of the Supplemental Notice as provided in this Section 22.4; provided that such additional activities and procedures contained in the Supplemental Notice are not commonly performed in medical office suites at the time of such Supplemental Notice. Such additional Competitive Activities described in the Supplemental Notice shall not apply to existing Space Tenants (including extensions, renewals, expansions, contractions, amendments or other modifications to such Space Tenant's leases) that are not currently performing such additional Competitive Activities and to the extent that such Space Tenant's leases do not contain similar provisions restricting such additional Competitive Activities. Notwithstanding anything to the contrary contained in this Article 22, Landlord shall have the sole and exclusive right to consent to the use of any part of the Premises for a Competitive Activity, and in considering whether to permit in a given circumstance a waiver from the prohibition on Competitive Activities as contemplated hereby, Landlord agrees to consider (among other relevant factors) (i) occupancy rates, (ii) professional standards and whether such Competitive Activity is, based on custom and practice in the industry, a procedure that is routinely performed in medical office suites for the relevant medical practice, and (iii) the compatibility of the proposed Competitive Activity with typical medical office uses in other medical office buildings; provided however consenting in any one instance shall not otherwise constitute a waiver of the requirements of this Article 22. Landlord's consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be in violation of this Section 22.4 unless and until: (a) Tenant has actual knowledge of such unpermitted Competitive Activity, or 44 Tenant receives from Landlord a written notice (a "Violation Notice") that (i) describes in reasonably sufficient detail the Competitive Activity that is occurring in the Building in vi...