Right of Expansion. Article 11 of the Second Amendment to Lease is hereby replaced with the following: Subject to (a) Tenant not being in default at the time of exercise; (b) the rights of other tenants within the Building from time to time; and (c) such limitations as are imposed by other tenant leases, Landlord shall, prior to offering such space to any third party, notify Tenant with regard to contiguous space that is or Landlord expects to become vacant and available for lease on the third floor of the New Building, and Landlord shall propose to Tenant the basic economic terms upon which Landlord would be prepared to entertain the negotiation of a new lease or amendment for such space (on fair market terms for the remainder of the Lease Term) whereby the parties would add such space to the description of the New Premises, in either case, for a term which would be coterminous with the Lease unless otherwise specified by Landlord, and which economic terms shall include the estimated date that the space shall be available for delivery, the fixed rent and the tenant allowance (if any) to be furnished to Tenant, whereupon Tenant shall have fifteen (15) days next following Landlord’s delivery of such notice within which to accept such terms, time being of the essence. Should Tenant accept such terms as are specified by Landlord, the parties shall negotiate the terms of a new lease or an amendment to the Lease to memorialize their agreement. In the absence of any further agreement by the parties, such additional space shall be delivered in an “AS -IS” condition, except as expressly agreed by Landlord and Tenant, and subject to Landlord’s representations and warranties in the Lease, and Rent for such additional space shall commence on that date which is the earlier of: (x) Tenant’s occupancy thereof, and (y) five (5) days after Landlord delivers such additional space to Tenant free of other tenants and occupants. If Tenant shall not accept Landlord’s terms within such fifteen (15) day period, or if the parties shall not have executed and delivered a mutually satisfactory new lease or lease amendment within sixty (60) days next following Landlord’s original notice under this Article 13, then Tenant’s right to lease such space shall lapse and terminate, and Landlord may, at its discretion, lease such space on such terms and conditions as Landlord shall determine. Tenant’s rights hereunder shall not include the right to lease less than all of the space identified in Landlord’s notic...
Right of Expansion. Provided that a) Tenant is in possession of the Leased Premises not having either assigned this Lease nor sublet any portion of the Leased Premises and b) Tenant is not in default under the terms of the Lease, Landlord will, during the term of this Lease allow Tenant to expand in this facility, if available, or another facility affiliated with First Companies Inc., upon a six month notice from Tenant. If any expansion deal is agreed upon, Lessee shall have the option to terminate this Lease subject to payment of unamortized rent or improvements. If Landlord and Lessee are unable to mutually agree upon an expansion option, Lessee shall have the right to terminate this Lease. Tenant shall also have the first right of refusal to lease the additional space located in the Leased building. Rent shall be based upon the same terms of the existing Base Rental payment at that time.
Right of Expansion. The Right of Expansion as provided in Section 13 of the Sixth Amendment shall remain in full force and effect.
Right of Expansion. Provided the Lease is in full force and effect and no Event of Default has occurred and is continuing beyond applicable cure periods, as defined in Section 22 herein, and the Lease is then continuing and no facts or circumstances then exist which, with the giving of notice or the passage of time, or both, would constitute an Event of Default, Landlord hereby grants to Tenant a continuing and reoccurring right of first offer to expand the Demised Premises (the “Right of Expansion”) to include either an agreed upon portion of the 26,308 square foot area adjacent to the Demised Premises of the entire 26,308 square foot area adjacent to the Demised Premises, as depicted on Exhibit A, attached hereto, (the “Expansion Space”) subject to the terms and conditions set forth herein.
Right of Expansion. Landlord agrees to construct a building (“New Building”) containing approximately sixty thousand (60,000) rentable square feet of space for Tenant’s use and occupancy on Lot 65, Old Sauk Trails Park, 6th Addition in the City of Madison, Dane County, Wisconsin, under the following conditions:
Right of Expansion. (a) If Tenant advises Landlord during the 2nd, 3rd, or 4th years of the Lease that it requires additional space of at least fifty percent (50%) of the size of the Premises or more (“Expansion Notice”) and Landlord has suitable space available in the Building (or an affiliate of Landlord has suitable space available in a property located in Emeryville, California which is owned by such affiliate and such affiliate is controlled by Landlord or affiliates of Landlord), Landlord shall enter into good faith negotiations with Tenant for the terms and conditions upon which Landlord and Tenant may enter into a lease for such space upon market terms, taking into account, among other criteria, the then creditworthiness of Tenant. Tenant acknowledges that the term for such space may be different from the Term for the Premises and that the rent for such space may be more than the rent for the Premises. Landlord and Tenant agree to enter into good faith negotiations for thirty (30) days after receipt of the Expansion Notice with respect to such space; provided, however, that in the event that Landlord does not have such suitable space and/or Landlord does not negotiate in good faith with Tenant, Tenant may terminate the Lease upon one hundred eighty (180) days prior written notice.
Right of Expansion. Subject to (a) Tenant not being in default at the time of exercise nor an Event of Default having occurred (irrespective of the fact that Tenant cured such default) for Tenant's failure to pay monetary obligations under this Lease more than twice during the Term and such monetary defaults aggregates in excess of $200,000; (b) Tenant or its affiliate occupying not less than one hundred (100%) percent of the Premises originally demised hereunder; (c) the rights of other tenants within the Building from time to time, and (d) such limitations as are imposed by other tenant leases; then provided that Tenant has notified Landlord that it requires additional space, Landlord shall notify Tenant with regard to space that is or Landlord expects to become vacant and available for lease in the Building, and Landlord shall propose to Tenant the Fair Market Rent for such space as of the date of vacancy (subject to Tenant's rights to contest same as provided above) (and, except for Rent, such space shall be leased on all of the same terms and conditions as are set forth in this Lease) and present an amendment to this Lease with which the parties would add such space to the description of the "Premises," for a term which would be coterminous with this Lease, whereupon Tenant shall have thirty (30) days next following Landlord's delivery of such notice within which to accept such terms (subject to the timely determination of Fair Market Rent as provided above), time being of the essence. In the absence of any further agreement by the parties, such additional space shall be delivered in "AS-IS" condition, and Rent for such additional space shall commence on that date which is the earlier of:
Right of Expansion. Section 53 of the Lease is hereby deleted in its entirety and the provisions set forth below shall govern Tenant’s right to expand the Building. The parties acknowledge and agree that there exists capacity to build an addition onto the Building (the “Building Addition”). At any time prior to February 28, 2017, provided that (i) Tenant is not in default at the time of exercising its rights under this Section 5, (ii) Tenant occupies the Premises and is open for business in the entire Premises (and will not have reduced the size of the Premises in any subsequent amendments or agreements after the date of this Lease) (iii) Landlord shall have determined, in its reasonable business judgment, that Tenant has sufficient financial net worth to fulfill its obligations under this Lease for both the Premises and the Expansion Space (as defined herein) and (iv) Landlord and Tenant have mutually determined, in their reasonable discretion, that insufficient space is available in Landlord’s portfolio in the Colorado Springs, Colorado market to satisfy Tenant’s expansion needs, Tenant shall have the one-time right to construct a maximum of an additional twenty-five thousand (25,000) rentable square feet (the “Expansion Space”) to expand Tenant’s manufacturing operations. Tenant shall notify Landlord in writing of its intent to exercise its rights under this Section 5 (“Tenant’s Request”).
Right of Expansion. In the event, but only in the event, that a) at the time of Tenant's exercise of its rights pursuant to this Article 1) this Lease shall then be in full force and effect and 2) Tenant, at all times prior thereto, shall have fully and faithfully complied with and performed all terms and/or provisions of this Lease, as and when required pursuant to this entire Lease, and b) Tenant complies with all provisions of this entire Article as and when required, Tenant shall have the right to lease ("expansion right") all, but no less than all, space cross-hatched on said "Exhibit B" ("Expansion Space"), upon the same terms and conditions set forth in this Lease (including, but not limited to, a) expiration date of initial term and, if any of said three (3) options to extend the term are validly exercised, expiration date of the last option term validly exercised, b) per square foot Base Rent, c) additional rents, d) net costs, and e) amounts due pursuant to Schedule 1) all except as follows:
Right of Expansion. Commencing January 1, 2011, Tenant shall have the first right within three business days of written notice from Landlord to Lease any vacant first floor office space under the same terms and conditions that Tenant leases 2nd and 3rd floor office space from Landlord.
