![]() If Tenant fails to deliver a Acceptance Notice to Landlord within the required 5 day period, Tenant shall be deemed to have waived its rights under this Section 39(a) to lease the Expansion Space identified in the Pending Deal Notice, and Landlord shall have the right to lease such Expansion Space to the party subject to the Pending Deal Notice (or an affiliate of such party) on substantially the terms and conditions contained in the Pending Deal Notice.Ĭommercial Premises means a place of trade or premises operated for financial gain, including but not limited to, a retirement village or a block of flats that has a common facility a place of trade where the manufacture and production of products or produce takes place a site where renovation, restoration and refurbishment work as described in Part B takes place. Notwithstanding anything to the contrary contained herein, in no event shall the TI Allowance or Landlord’s Work apply to the Expansion Space. Tenant’s right to receive the Pending Deal Notice and election to lease or not lease the Expansion Space pursuant to this Section 39(a) is hereinafter referred to as the “Right of Third Refusal.” If Tenant elects to lease the space described in the Pending Deal Notice by delivering the Acceptance Notice within the required 10 day period, Tenant shall be deemed to agree to lease the Expansion Space on the same general terms and conditions as this Lease except that the terms of this Lease shall be modified to reflect the terms of the Pending Deal Notice for the rental of the Expansion Space provided, that if the term of the Lease with respect to the Expansion Space would expire after the Base Term of the Lease with respect to the original Premises, the Base Term of the Lease with respect to the original Premises shall be extended so as to be co-terminous with the term of the Lease with respect to the Expansion Space. Within 10 days after Tenant’s receipt of the Pending Deal Notice, Tenant shall deliver to Landlord written notice (the “Acceptance Notice”) if Tenant elects to lease the Expansion Space. Tenant shall be entitled to exercise its right under this Section 39(a) only with respect to the entire Expansion Space described in such Pending Deal Notice. Installation Work means the construction and installation of the System and the Start-up, testing and acceptance (but not the operation and maintenance) thereof all performed by or for the Power Producer at the Premises.Įxpansion Space means the entire second floor of that certain building in the Project located at 000 Xxxx Xxxxx Xxxxx, South San Francisco, California, which is not occupied by a tenant or which is occupied by a then existing tenant whose lease is expiring within 6 months or less and such tenant does not wish to renew (whether or not such tenant has a right to renew) its occupancy of such space. New Building ’ means a new construction to house a complete motor vehicle as- sembly process, where that construction includes the pouring or construction of a new foundation and floor, the erection of a new frame and roof, and the instal- lation of new plumbing and electrical and other utilities Storage areas are locked or have a physical barrier to prevent accidental exposure, tampering, or unauthorized removal of the device, machine, or container.Ĭonstruction Phase Services means the coordination, implementation and execution of the Work required by this Agreement, which are further defined in Article 8. Storage area means any location, facility, or vehicle that is used to store and secure a radiographic exposure device, a radiation machine, or a storage container when it is not used for radiographic operations. ![]() Generation Interconnection Feasibility Study means a study conducted by the Transmission Provider (in coordination with the affected Transmission Owner(s)) in accordance with Tariff, Part IV, section 36.2. Work space means that portion of the court’s facilities dedicated to each court reporter, including but not limited to actual space in the courtroom and any designated office space. ![]() Installation Site means the site at which the Product is originally installed. Grave space means a space of ground in a cemetery that is used or intended to be used for an in-ground burial. Generating plant means the generating facility described in Schedule 1 as amended from time to time Storage Space means a space where goods of non-hazardous nature are stored and includes cold storage and banking safe vaults
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