Limitations On, and Conditions To, Extension Option. This Option is personal to Tenant and may not be assigned, voluntarily or involuntarily, separate from or as part of the Lease. At Landlord’s option, all rights of Tenant under this Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant has been in default at any time during the initial Term or first Extended Term, as applicable, of the Lease, or is in default of any provision of the Lease on the date Landlord receives the Option Notice; and/or (2) Tenant has assigned its rights and obligations under all or part of the Lease or Tenant has subleased all or part of the Premises; and/or (3) Tenant’s financial condition is unacceptable to Landlord at the time the Option Notice is delivered to Landlord; and/or (4) Tenant has failed to exercise properly this Option in a timely manner in strict accordance with the provisions of this Addendum; and/or (5) Tenant no longer has possession of all or any part of the Premises under the Lease, or if the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.
Limitations On, and Conditions To, Extension Option. This Option is personal to Tenant and may not be assigned, voluntarily or involuntarily, separate from or as part of the Lease (except in connection with a Permitted Transfer). At Landlord’s option, all rights of Tenant under this Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (l) Tenant has been in default at any time during the initial term of the Lease beyond applicable notice and cure periods or is in default of any provision of the Lease on the date Landlord receives the Option Notice; and/or (2) Tenant has assigned its rights and obligations under all or part of the Lease (except in connection with a Permitted Transfer) or Tenant has subleased all or part of the Premises (except in connection with a Permitted Transfer); and/or (3) Tenant’s financial condition is reasonably unacceptable to Landlord at the time the Option Notice is delivered to Landlord; and/or (4) Tenant has failed to exercise properly this Option in a timely manner in strict accordance with the provisions of this Addendum; and/or (5) Tenant no longer has possession of all or any part of the Premises under the Lease, or if the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.
Limitations On, and Conditions To, Extension Option. This Extension Option is personal to Tenant (and any Permitted Transferee) and may not be otherwise assigned separate from or as part of the Lease. At Landlord's option, all rights of Tenant under this Extension Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant has been in monetary or other material default beyond any applicable cure period at any time during the Lease Term, or is in monetary or other material default beyond any applicable cure period of any provision of the Lease on the date Landlord receives the Extension Option Notice; and/or (2) Tenant has assigned its rights and obligations under all or part of the Lease or Tenant has subleased all or part of the Premises in a transfer (other than pursuant to a Permitted Transfer); and/or (3) Tenant's financial condition is unacceptable to Landlord at the time the Extension Option Notice is delivered to Landlord; provided, however, that if Landlord determines that Tenant's financial condition is unacceptable, such determination must be based on good faith, taking into consideration all relevant factors; and/or (4) Tenant has failed to exercise properly this Extension Option in a timely manner in strict accordance with the provisions of this Rider; and/or (5) Tenant no longer has possession of the entire Premises pursuant to the Lease, or if the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.
Limitations On, and Conditions To, Extension Option. The Option described in this Addendum are personal to Tenant and may not be assigned, voluntarily or involuntarily, separate from or as part of the Lease. At Landlord’s option, all rights of Tenant under the Option described in this Addendum shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant is in default of the Lease on the date Landlord receives the Option Notice and/or (2) Tenant has assigned its rights and obligations under all or part of the Lease or Tenant has subleased all or part of the Leased Premises, except to a Permitted Assignee; and/or (3) Tenant has failed to exercise properly the Option described in this Addendum in a timely manner in strict accordance with the provisions of this Addendum; and/or (4) the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.
Limitations On, and Conditions To, Extension Option. This Option is --------------------------------------------------- personal to Tenant and may not be assigned, voluntarily or involuntarily, except in the case of a Related Entity separate from or as part of the Lease. At Landlord's option, all rights of Tenant under this Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant has been in default at any time during the initial term of the Lease, or is currently in default of any provision of the Lease; and/or (2) Tenant has assigned its rights and obligations under all or part of the Lease or Tenant has subleased all or part of the Premises; except for the Initial Sublease, unless the Initial Sublease is still occupying a portion of the Premises, in which case all rights of Tenant shall terminate and/or (3) Tenant's financial condition is unacceptable to Landlord at the time the Option Notice is delivered to Landlord: and/or (4) Tenant has failed to properly exercise this Option in a timely manner in strict accordance with the provisions of this Addendum 1; and/or (5) Tenant no longer has possession of all or any part of the Premises under the Lease, or if the Lease has been terminated earlier, pursuant to the terms of the Lease. EARLY OCCUPANCY AGREEMENT LEASE AGREEMENT DATED MAY 29, 1997, BETWEEN NUANCE COMMUNICATIONS, INC., A CALIFORNIA CORPORATION ("TENANT"), AND LINCOLN MENLO IV & V ASSOCIATES LIMITED, A CALIFORNIA LIMITED PARTNERSHIP, ("LANDLORD") This Addendum No. 2 ("Addendum") is incorporated as a part of that certain Lease Agreement dated May 29, 1997 (the "Lease"), by and between Nuance Communications, Inc., a California corporation ("Tenant"), and LINCOLN MENLO IV & V ASSOCIATES LIMITED, a California limited partnership ("Landlord"), of the premises located at 0000 Xxxxxx Xxxx, Xxxxx Xxxx, Xxxxxxxxxx 00000 (the "Premises") All defined terms used in this Addendum not defined herein shall have the same meaning and definition given them in the Lease. Notwithstanding anything in the Lease to the contrary, Tenant shall have the right to occupy the Premises (i) after this Lease has been fully executed; and (ii) after Landlord's construction of the Work described in Exhibit B of the Lease, but prior to the Commencement Date, on July 15, 1997 ("Occupancy Date") through August 15, 1997 ("Early Occupancy Period"). All terms and conditions of the Lease shall be in full force and effect during the Early Occupancy Perio...
Limitations On, and Conditions To, Extension Option. This Option is personal to Tenant and may not be assigned, voluntarily or involuntarily, separate from or as part of the Lease. At Landlord’s option, all rights
Limitations On, and Conditions To, Extension Option. This Extension Option is personal to Tenant and may not be assigned, voluntarily or involuntarily, separate from or as part of the Lease except in connection with a Transfer to an Affiliate. At Landlord’s option, all rights of Tenant under this Extension Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant has been in default beyond any applicable cure period at any time during the Lease Term, or is in default beyond any applicable cure period of any provision of the Lease on the date Landlord receives the Extension Option Notice; and/or (2) Tenant has assigned its rights and obligations under all or part of the Lease or Tenant has subleased all or part of the Premises other than in connection
Limitations On, and Conditions To, Extension Option. This Option is personal to Tenant and may not be assigned separate from or as a part of the Lease. At Landlord's option, all rights of Tenant under this Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant has been in Chronic Default at any time during the initial term of the Lease, or is in default in the performance of any of its obligations under this Lease beyond any applicable cure periods at the time of Tenant's exercise of this Option; and/or (2) Tenant's financial condition is unacceptable to Landlord at the time of Tenant's delivery to Landlord of the Option Notice (provided, however, if there is not any substantial adverse change in Tenant's net profits and net worth as of the date Tenant elects to exercise this Option compared to Tenant's net profits and net worth as of the Commencement Date, then Tenant's then existing financial condition shall be acceptable to Landlord); and/or (3) Tenant has failed to exercise properly the Option described in this Addendum in a timely manner in strict accordance with the provisions of this Addendum; and/or (4) Tenant no longer has lawful possession of the Premises under the Lease, or if the Lease has been terminated earlier, pursuant to the terms of the Lease.
Limitations On, and Conditions To, Extension Option. At Landlord’s option, this Extension Option shall terminate and be of no force or effect if any of the following events occur: (1) an Event of Default exists on the date Landlord receives the Option Notice and/or (2) Tenant has assigned its rights and obligations under all or part of the Lease or Tenant has subleased all or part of the Premises, except to a Permitted Assignee; and/or (3) Tenant has failed to exercise properly the Extension Option described in this Addendum in a timely manner in strict accordance with the provisions of this Addendum; and/or (4) the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.
Limitations On, and Conditions To, Extension Option. This Option is personal to Tenant and any permitted transferee described in Section 15.4 of the Original Lease and may not be assigned, voluntarily or involuntarily, separate from or as part of the Lease. At Landlord’s option, all rights of Tenant under this Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant has been in default beyond any applicable cure period at any time during the initial term of the Lease, or is currently in default of any provision of the Lease beyond any applicable cure period; and/or (2) Tenant has assigned its rights and obligations under all or part of the Lease or Tenant has subleased all or part of the Premises to a transferee permitted under Section 15.4 of the Original Lease; and/or (3) Tenant has failed to exercise properly this Option in a timely manner in strict accordance with the provisions of this Addendum; and/or (4) Tenant and any transferee permitted under Section 15.4 of the Original Lease no longer has possession of all or any part of the Premises under the Lease, or if the Lease has been terminated earlier, pursuant to the terms of the Lease.
