Common use of Right to Lease Clause in Contracts

Right to Lease. Subject to any prior exercise by Tenant of the -------------------- expansion option set forth in Paragraph 8 above, Tenant shall have a continuous first right of refusal (provided Tenant is not then in default hereunder beyond the expiration of any applicable notice and cure periods) to lease any available space on the fourth floor of the Building upon the same terms, provisions, and conditions that Landlord indicates it would be willing to accept from a bona fide third party, as set forth in a written notice from Landlord to Tenant ("Landlord's Notice"). Such right must be exercised, if at all, by Tenant delivering written notice to Landlord, within three (3) business days of Tenant's receipt of any such Landlord's Notice ("Expansion Acceptance Date"), that Tenant irrevocably agrees to lease such space upon the exact terms, provisions, and conditions set forth in the particular Landlord's Notice. If Tenant timely exercises such right, then Tenant and Landlord shall promptly execute a lease for such additional space upon the exact terms, provisions, and conditions contained in the particular Landlord's Notice. If Tenant fails to accept the terms, provisions, and conditions in a particular Landlord's Notice by the particular Expansion Acceptance Date, then Landlord may, within 12 months after the particular Expansion Acceptance Date ("Third Party Deadline"), lease the space described in the particular Landlord's Notice to a third party for a rental amount not less than ninety-two and a half percent (92.5%) of the rental rate set forth in the particular Landlord's Notice. The calculation of the amount of rent to be paid by any third party tenant shall take into account any special provisions amounting to a rent abatement or concession in favor of the third party tenant. If Landlord does not rent the space described in the particular Landlord's Notice by the Third Party Deadline, Landlord must issue another Landlord's Notice and comply with this Paragraph with regard to the particular space before leasing it to a third party. The process described herein will continue until a particular space is leased by Tenant pursuant to a Landlord's Notice or such space is rented to a third party in accordance with this Paragraph.

Right to Lease. Subject In the event Lessor desires to any prior exercise by lease additional space within the building of which the Demised Premises is a part, Lessor shall notify Tenant, in writing, of same. Tenant shall respond to Lessor on or before seven (7) days after its receipt of the -------------------- expansion option set forth in Paragraph 8 above, aforesaid notice from Lessor whether or not it wishes to proceed with negotiations to occupy said space. In the event Lessor and Tenant shall have are unable to agree upon the terms of a continuous first right of refusal (provided Tenant is not then in default hereunder beyond the expiration of any applicable notice and cure periods) to lease any available agreement for said space on the fourth floor of the Building upon the same terms, provisions, and conditions that Landlord indicates it would be willing to accept or before thirty (30) days after Tenant receives notice from a bona fide third partyLessor, as set forth in a written notice from Landlord to Tenant ("Landlord's Notice"). Such right must be exercisedaforesaid, if at all, by Tenant delivering written notice to Landlord, within three (3) business days of Tenant's receipt of any such Landlord's Notice ("Expansion Acceptance Date"), that Tenant irrevocably agrees to then Lessor may lease such space upon to others, provided the exact terms, provisionsterms of the lease agreement for such space are the same as or no more favorable to the new tenant than those offered by Lessor to Tenant. The obligation of Landlord to offer such space to Tenant is a one time right, and conditions set forth in the particular Landlord's Notice. If Tenant timely exercises having once offered such right, then space to Tenant and Landlord shall promptly execute a lease for such additional space upon the exact terms, provisions, and conditions contained in the particular Landlord's Notice. If Tenant fails to accept the terms, provisions, and conditions in a particular Landlord's Notice by the particular Expansion Acceptance Date, then Landlord may, within 12 months after the particular Expansion Acceptance Date ("Third Party Deadline"), lease the space described in the particular Landlord's Notice to a third party for a rental amount not less than ninety-two and a half percent (92.5%) of the rental rate set forth in the particular Landlord's Notice. The calculation of the amount of rent to be paid by any third party tenant shall take into account any special provisions amounting to a rent abatement or concession in favor of the third party tenant. If Landlord does not rent the space described in the particular Landlord's Notice by the Third Party Deadline, Landlord must issue another Landlord's Notice and comply with this Paragraph with regard to the particular space before leasing leased it to a third party, Landlord shall have no further obligation to Tenant to offer such space to Tenant." The Lease Agreement, as amended hereby, is hereby ratified and affirmed by Landlord and Tenant. The process described herein will continue until In addition to the amendments set forth above, Landlord and Tenant hereby agree that a particular space is leased three percent (3%) cash-out commission in the amount of $30,846.00 shall be payable to Northco as follows: a) $15,423.00 to be paid upon execution of this Second Amendment; and b) $15,423.00 to be paid on July 1, 1995. Tenant acknowledges that TMW Real Estate Management, Inc. has represented Landlord in connection with this Second Amendment and shall be compensated by Tenant Landlord pursuant to a Landlord's Notice or such space is rented separate agreement. This Second Amendment shall have no force and effect and shall not be binding on Landlord unless and until Tenant delivers to Landlord a third party duly executed Reaffirmation of and Amendment to Guarantee in accordance with this Paragraphthe form attached hereto as Exhibit "A" and by reference incorporated herein. This Second Amendment shall be governed exclusively by the provisions hereof and by the laws of the State of Minnesota.

Right to Lease. Subject Landlord hereby grants Tenant throughout the term of this Amendment hereof a first right to lease (herein called the "First Right to Lease") any prior exercise portion of the space (herein called the "Expansion Space") located on the third and fourth floors of the building, which is not subject to a (A) written lease agreement or (B) renewal option by the tenant currently in occupancy. Landlord agrees to notify Tenant of the -------------------- expansion option set forth in Paragraph 8 abovestatus of the tenants located on the third and fourth floors of the Building with renewal options and the future availability of space located on the third and fourth floors of the Building. If Landlord notifies Tenant of the availability of the Expansion Space, Tenant shall have a continuous first right of refusal notify Landlord on or before five (provided Tenant is not then in default hereunder beyond the expiration of any applicable notice and cure periods) to lease any available space on the fourth floor of the Building upon the same terms, provisions, and conditions that Landlord indicates it would be willing to accept from a bona fide third party, as set forth in a written notice from Landlord to Tenant ("Landlord's Notice"). Such right must be exercised, if at all, by Tenant delivering written notice to Landlord, within three (35) business days of Tenant's after receipt of any such Landlord's Notice ("Expansion Acceptance Date"), that notice whether or not Tenant irrevocably agrees elects to lease such space upon the exact terms, provisions, and conditions set forth in the particular Landlord's Notice. If Tenant timely exercises such right, then Tenant and Landlord shall promptly execute a lease for such additional space upon the exact terms, provisions, and conditions contained in the particular Landlord's NoticeExpansion Space. If Tenant fails to accept notify Landlord within such five (5) business day period, Tenant shall be deemed to have elected not to lease the termsExpansion Space. If Tenant desires to lease the Expansion Space, provisionsLandlord and Tenant shall proceed to make and enter into an amendment to this Lease with respect to the Expansion Space. The base rent, the additional rent and any allowances with respect to the Expansion Space on the fourth floor shall be negotiated at that time by Landlord and Tenant. The term of the Lease with respect to the Expansion Space shall be coterminous with the term of this Lease except that in no event shall the term be less than three (3) years. The obligation to pay the rent, the additional rent and all other charges shall commence not later than the date which is sixty (60) days after the lease for the Expansion Space is executed by Landlord and Tenant. If Landlord and Tenant fail to enter into a Letter of Intent based on terms and conditions satisfactory to each on or before thirty (30) days after the date Tenant notifies Landlord that Tenant desires to lease the Expansion Space, the rights of Tenant hereunder shall lapse and expire and Landlord may lease the Expansion Space to any other person or entity without any liability to Tenant by reason thereof. Furthermore, if Landlord and Tenant fail to execute the amendment to this lease or a new lease on terms and conditions satisfactory to each, inclusive of all construction drawings, "Improvements", and conditions in a particular Landlord's Notice by all other details necessary to execute the particular Expansion Acceptance Date, then Landlord may, aforesaid document within 12 months ninety (90) days after the particular date Tenant notifies Landlord that Tenant desires to lease the Expansion Acceptance Date Space, the Rights of Tenant shall lapse and expire and for any term Landlord may lease the Expansion Space to any other person or entity within a one hundred and twenty (120) day period without notice or any liability to Tenant. Landlord and Tenant agree to exercise good faith in negotiating the terms and conditions of the lease for the Expansion Space. In the event Tenant does not lease the Expansion Space within the above described period and Landlord receives a bona fide offer (excluding, however, any offer arising out of or relating to an existing expansion option, renewal option, or first right to lease (the "Third Party DeadlineOffer"), lease Landlord shall submit written notice to Tenant specifying the space described in the particular Landlord's Notice to a third party for a rental amount not less than ninety-two and a half percent (92.5%) terms of the rental rate Offer. The Tenant shall have the right (the "Right of First Refusal"), exercisable at any time within five (5) business days from the date of such notice, to lease said portion of the said floor that is the subject of the Offer pursuant to the terms and provisions set forth in the particular Offer. If Tenant elects to exercise the Right of First Refusal, it shall, prior to the end of said five (5) business day period deliver written notice of such exercise to the Landlord's Notice. The calculation , and the leasing of said portion of said floor shall commence on the last day of said five (5) business day period or upon completion of the amount Tenant improvements, whichever is later and shall be evidenced by a lease amendment executed by Tenant and Landlord. If the Tenant does not exercise such Right of rent First Refusal within said five (5) business day period or shall fail to deliver written notice of such exercise as provided above, the Landlord shall be paid by any third party tenant shall take into account any special provisions amounting free to a rent abatement or concession in favor lease said portion of the third party tenant. If Landlord does not rent Building, or any part thereof, to the space described Offeror upon the same terms and conditions as contained in the particular Landlord's Notice by the Third Party Deadline, Landlord must issue another Landlord's Notice and comply with this Paragraph with regard to the particular space before leasing it to a third party. The process described herein will continue until a particular space is leased by Tenant pursuant to a Landlord's Notice or such space is rented to a third party in accordance with this ParagraphOffer.

Right to Lease. Subject to Excluding the current entity with whom Sublandlord is presently negotiating for sublease space in the Building, and provided Subtenant is not in default in any prior exercise by Tenant of the -------------------- expansion option set forth in Paragraph 8 aboveterms, Tenant shall have a continuous first right covenants or conditions of refusal (provided Tenant is not then in default hereunder this Sublease beyond the expiration of any applicable notice and or cure periods) , Subtenant shall have an ongoing right to lease any available additional space on in the fourth floor Building which is then currently leased by Sublandlord from Prime Landlord pursuant to the Prime Lease (hereinafter referred to as the “Right to Lease Space”). Sublandlord will advise Subtenant of the Building upon availability of the same terms, provisions, Right to Lease Space and the terms and conditions that Landlord indicates it Sublandlord would be willing to accept from a bona fide third partyaccept, as and Subtenant shall have fifteen (15) days within which to respond to Sublandlord’s offer, TIME HEREBY BEING MADE OF THE ESSENCE. Subtenant may exercise this right only in regard to the entire Right to Lease Space. The term of the lease for the Right to Lease Space shall expire coterminously with the Expiration Date of this Sublease. Should Subtenant elect to lease the Right to Lease Space, it shall do so at the rate and upon the terms set forth in a written notice from Landlord Sublandlord’s offer. Should Subtenant decline Sublandlord’s offer, or fail to Tenant ("Landlord's Notice"). Such right must respond within the time period set forth above, then, and in such event, Sublandlord shall be exercised, if at all, by Tenant delivering written notice to Landlord, within three (3) business days of Tenant's receipt of any such Landlord's Notice ("Expansion Acceptance Date"), that Tenant irrevocably agrees free to lease such space upon the exact terms, provisions, and conditions set forth in the particular Landlord's Notice. If Tenant timely exercises such right, then Tenant and Landlord shall promptly execute a lease for such additional space upon the exact terms, provisions, and conditions contained in the particular Landlord's Notice. If Tenant fails Right to accept the terms, provisions, and conditions in a particular Landlord's Notice by the particular Expansion Acceptance Date, then Landlord may, within 12 months after the particular Expansion Acceptance Date ("Third Party Deadline"), lease the space described in the particular Landlord's Notice Lease Space to a third party for upon substantially the same terms and conditions as that offered to Subtenant. “Substantially the same terms and conditions,” as used herein, shall mean terms not materially different or a rental amount rent of not less more than ninety-two and a half percent five (92.55%) percent below the rent requested by Sublandlord of Subtenant. Should Subtenant accept Sublandlord’s offer, the description of the rental rate set forth in Subleased Premises, the particular Landlord's Notice. The calculation Rent and Subtenant’s Proportionate Share shall be adjusted to reflect the inclusion of the amount of rent Right to be paid by any third party tenant shall take into account any special provisions amounting Lease Space. In the event Sublandlord has not leased the Right to a rent abatement or concession in favor of the third party tenant. If Landlord does not rent the space described in the particular Landlord's Notice by the Third Party Deadline, Landlord must issue another Landlord's Notice and comply with this Paragraph with regard to the particular space before leasing it to a third party. The process described herein will continue until a particular space is leased by Tenant pursuant to a Landlord's Notice or such space is rented Lease Space to a third party in accordance within six (6) months from the expiration of the aforesaid fifteen (15) day period, then Sublandlord agrees to reoffer the Right to Lease Space to Subtenant together with this Paragraphthe terms and conditions Sublandlord would be willing to accept.

Right to Lease. Subject SUITE 350 AND 365 Landlord shall use its commercially reasonable efforts to relocate the current occupant of Suitx 000 xxx Xxxxx 000 (xxreinafter the "Housxxxxxxx Group"), provided however that Landlord shall not be required to pay any prior exercise by Tenant money to relocate them. The square footage for Suite 350 and Suite 365 amounts to respectively 2,914 and 1,954 rentable square feet (these two spaces shall hereinafter be referred to as the "Suites".) Once Housxxxxxxx Group has turned possession of the -------------------- expansion option set forth in Paragraph 8 aboveSuites back to the Landlord, Tenant shall have a continuous first right of refusal (provided Tenant is not then in default hereunder beyond the expiration of any applicable notice and cure periods) to lease any available space on the fourth floor of the Building upon the same terms, provisions, and conditions that Landlord indicates it would be willing to accept from a bona fide third party, as set forth in a written notice from Landlord to Tenant ("Landlord's Notice"). Such right must be exercised, if at all, by Tenant delivering written notice to Landlord, within three (3) business days of thereafter provided that occupancy will be not later than August 31, 2000 provide Landlord with a lease signed by Tenant for the Suites (which shall have been prepared by Landlord) containing the same terms as herein, including without limitation, rental (based on Twenty One and no/100 ($21.00) Dollars per rentable square foot), increases in rent, term (to be contiguous with Tenant's other leases with Landlord), tenant improvement dollars (based on Five and no/100 ($5.00) Dollars per rentable square foot and one (1) month free rent to remodel the suites, and upon receipt of any such Landlord's Notice ("Expansion Acceptance Date")said lease signed by Tenant, that Tenant irrevocably agrees Landlord shall sign and deliver a counterpart thereof to lease such space upon Tenant. Notwithstanding the exact termsforegoing, provisions, and conditions set forth in the particular Landlord's Notice. If event Landlord fails to provide Tenant timely exercises such rightwith possession of the Suites by August 31, 2000, then Tenant shall have the unilateral right, by providing Landlord with written notice, to terminate any rights and Landlord obligations it may have as specifically provided and granted herein by this Paragraph. In addition, Tenant shall promptly execute a lease for such additional space upon the exact terms, provisions, and conditions contained in the particular Landlord's Notice. If Tenant fails to accept the terms, provisions, and conditions in a particular Landlord's Notice by the particular Expansion Acceptance Date, then Landlord may, within 12 months after the particular Expansion Acceptance Date ("Third Party Deadline"), lease the space described in the particular Landlord's Notice to a third party for a rental amount not less than ninety-two and a half percent (92.5%) of the rental rate set forth in the particular Landlord's Notice. The calculation of the amount of rent to be paid by any third party tenant shall take into account any special provisions amounting to a rent abatement or concession in favor of the third party tenant. If Landlord does not rent the space described in the particular Landlord's Notice by the Third Party Deadline, Landlord must issue another Landlord's Notice and comply with this Paragraph with regard entitled to the particular space before leasing it same number of parking spaces as provided to the Housxxxxxxx Xxxup in their Lease for the suites. CSK AUTO INC., Missouri Falls Partners, an an Arizona corporation Arizona partnership By: Insignia/ESG a third party. The process described herein will continue until a particular space is leased by Tenant pursuant to a Landlord's Notice or such space is rented to a third party in accordance with this Paragraph.Delaware Corporation as Agent By: /s/ Lon X. Xxxxxx By: /s/ Donaxx X. Xxxx ------------------------- ------------------------ Lon X. Xxxxxx Donaxx X. Xxxx