Options Contract Clauses (1,131)

Grouped Into 22 Collections of Similar Clauses From Business Contracts

This page contains Options clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Options. If Lessee is granted any option, as defined below, then the following provisions shall apply. 39.1 Definition. "Option" shall mean: (a) the right to extend or reduce the term of or renew this Lease or to extend or reduce the term of or renew any lease that Lessee has on other property of Lessor; (b) the right of first refusal or first offer to lease either the Premises or other property of Lessor; (c) the right to purchase, the right of first offer to purchase or the right of first refusal to pu...rchase the Premises or other property of Lessor. 39.2 Options Personal To Original Lessee. Any Option granted to Lessee in this Lease is personal to the original Lessee, and cannot be assigned or exercised by anyone other than said original Lessee and only while the original Lessee is in full possession of the Premises and, if requested by Lessor, with Lessee certifying that Lessee has no intention of thereafter assigning or subletting. 39.3 Multiple Options. In the event that Lessee has any multiple Options to extend or renew this Lease, a later Option cannot be exercised unless the prior Options have been validly exercised. 39.4 Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) An Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and prior to the commencement of the extended term or completion of the purchase, (i) Lessee fails to pay Rent for a period of 30 days after such Rent becomes due (without any necessity of Lessor to give notice thereof), or (ii) if Lessee commits a Breach of this Lease. View More
Options. If Lessee is granted any option, Option, as defined below, then the following provisions shall apply. apply: 39.1 Definition. "Option" shall mean: (a) the right to extend or reduce the term of or renew this Lease or to extend or reduce the term of or renew any lease that Lessee has on other property of Lessor; (b) the right of first refusal or first offer to lease either the Premises or other property of Lessor; (c) the right to purchase, the right of first offer to purchase or the right of firs...t refusal to purchase the Premises or other property of Lessor. 39.2 Options Personal To Original Lessee. Any Option granted to Lessee in this Lease is personal to the original Lessee, and cannot be assigned or exercised by anyone other than said original Lessee and only while the original Lessee is in full possession of the Premises and, if requested by Lessor, with Lessee certifying that Lessee has no intention of thereafter assigning or subletting. 39.3 Multiple Options. In the event that Lessee has any multiple Options to extend or renew this Lease, a later Option cannot be exercised unless the prior Options have been validly exercised. 39.4 Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) An Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and prior to the commencement of the extended term or completion of the purchase, (i) Lessee fails to pay Rent for a period of 30 days after such Rent becomes due (without any necessity of Lessor to give notice thereof), or (ii) if Lessee commits a Breach of this Lease. PAGE 15 OF 17 ©2001 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STN-26-12/16E 40. Multiple Buildings. If the Premises are a part of a group of buildings controlled by Lessor, Lessee agrees that it will abide by and conform to all reasonable rules and regulations which Lessor may make from time to time for the management, safety, and care of said properties, including the care and cleanliness of the grounds and including the parking, loading and unloading of vehicles, and to cause its employees, suppliers, shippers, customers, contractors and invitees to so abide and conform. Lessee also agrees to pay its fair share of common expenses incurred in connection with such rules and regulations. View More
Options. If Lessee is granted any option, as defined below, then the following provisions shall apply. 39.1 Definition. "Option" shall mean: (a) the right to extend or reduce the term of or renew this Lease or to extend or reduce the term of or renew any lease that Lessee has on other property of Lessor; (b) the right of first refusal or first offer to lease either the Premises or other property of Lessor; (c) the right to purchase, the right of first offer to purchase or the right of first refusal to pu...rchase the Premises or other property of Lessor. 39.2 Options Personal To Original Lessee. Any Option granted to Lessee in this Lease is personal to the original Lessee, and cannot be assigned or exercised by anyone other than said original Lessee and only while the original Lessee is in full possession of the Premises and, if requested by Lessor, with Lessee certifying that Lessee has no intention of thereafter assigning or subletting. 39.3 Multiple Options. In the event that Lessee has any multiple Options to extend or renew this Lease, a later Option cannot be exercised unless the prior Options have been validly exercised. 39.4 Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) An Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and prior to the commencement of the extended term or completion of the purchase, (i) Lessee fails to pay Rent for a period of 30 days after such Rent becomes due (without any necessity of Lessor to give notice thereof), or (ii) if Lessee commits a Breach of this Lease. INITIALS© 2019 AIR CRE. All Rights Reserved. MTN-26.22, Revised 06-10-2019 INITIALS a Work Letter; Last Edited: 1/22/2020 1:04 PM 40. Security Measures. Lessee hereby acknowledges that the Rent payable to Lessor hereunder does not include the cost of guard service or other security measures, and that Lessor shall have no obligation whatsoever to provide same. Lessee assumes all responsibility for the protection of the Premises, Lessee, its agents and invitees and their property from the acts of third parties. View More
Options. If Lessee is granted any option, Option, as defined below, then the following provisions shall apply. 39.1 38.1 Definition. "Option" shall mean: (a) the right to extend or reduce the term of or renew this Lease or to extend or reduce the term of or renew any lease that Lessee has on other property of Lessor; (b) the right of first refusal or first offer to lease either the Premises or other property of Lessor; (c) the right to purchase, the right of first offer to purchase or the right of first ...refusal to purchase the Premises or other property of Lessor. 39.2 38.2 Options Personal To Original Lessee. Any Option granted to Lessee in this Lease is personal to the original Lessee, Lessee and a Lessee Affiliate (as defined in the Addendum), and cannot be assigned or exercised by anyone other than said original Lessee or a Lessee Affiliate and only while the original Lessee or a Lessee Affiliate is in full possession of the Premises and, if requested by Lessor, with Lessee certifying that Lessee has no intention of thereafter assigning or subletting. 39.3 38.3 Multiple Options. In the event that Lessee has any multiple Options to extend or renew this Lease, a later Option cannot be exercised unless the prior Options have been validly exercised. 39.4 38.4 Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) An Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and prior to the commencement of the extended term or completion of the purchase, (i) Lessee fails to pay Rent for a period of 30 days after such Rent becomes due (without any necessity of Lessor to give notice thereof), or (ii) if Lessee commits a Breach of this Lease. Last Edited: 2/22/2018 3:08 PM ©2017 AIR CRE. All Rights Reserved.STN-27.10 Revised 11-01-2017 39. Multiple Buildings. If the Premises are a part of a group of buildings controlled by Lessor, Lessee agrees that it will abide by and conform to all reasonable rules and regulations which Lessor may make from time to time for the management, safety, and care of said properties, including the care and cleanliness of the grounds and including the parking, loading and unloading of vehicles, and to cause its employees, suppliers, shippers, customers, contractors and invitees to so abide and conform. Lessee also agrees to pay its fair share of common expenses incurred in connection with such rules and regulations. View More
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Options. 5.2 Date of Grant. 5.3 Exercise Period. 5.4 Exercise Price. 5.5 Method of Exercise. 5.6 Termination. 5.7 Limitations on Exercise. 5.8 Limitations on ISOs. 5.9 Modification, Extension or Renewal. 5.10 No Disqualification.
Options. 5.2 Date 5.2Date of Grant. 5.3 Exercise Period. 5.4 Exercise 5.4Exercise Price. 5.5 Method 5.5Method of Exercise. 5.6 Termination. 5.7 Limitations 5.6Termination. 5.7Limitations on Exercise. 5.8 Limitations 5.8Limitations on ISOs. 5.9 Modification, Extension or Renewal. 5.10 No 5.10No Disqualification.
Options. 5.2 Date 5.2Date of Grant. 5.3 Exercise 5.3Exercise Period. 5.4 Exercise Price. 5.5 Method 5.5Method of Exercise. 5.6 Termination. 5.7 Limitations on Exercise. 5.8 Limitations 5.6Termination of Service. 5.8Limitations on ISOs. 5.9 Modification, 5.9Modification, Extension or Renewal. 5.10 No Disqualification.
Options. 5.1 Option Grant. 5.2 Date of Grant. 5.3 Exercise Period. 5.4 Exercise Price. 5.5 Method 5.6 Termination of Exercise. 5.6 Termination. 5.7 Limitations on Exercise. Service. 5.8 Limitations on ISOs. 5.9 Modification, Extension or Renewal. 5.10 No Disqualification.
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Options. 4.1 Form of Option Grant. 4.2 Date of Grant. 4.3 Exercise Period. 4.4 Exercise Price. 4.5 Method of Exercise. 4.6 Termination. 4.6.1 Other than Death or Disability or for Cause. 4.6.3 For Cause. 4.7 Limitations on Exercise. 4.8 Limitations on ISOs. 4.9 Modification, Extension or Renewal. 4.10 No Disqualification.
Options. 4.1 Form of Option Grant. 4.2 Date of Grant. 4.3 Exercise Period. 4.4 Exercise Price. 4.5 Method of Exercise. 4.6 Termination. 4.6.1 Other than Death or Disability or for Cause. 4.6.3 For Cause. 4.6.2 Death or Disability. 4.7 Limitations on Exercise. 4.8 Limitations on ISOs. 4.9 Modification, Extension or Renewal. 4.10 No Disqualification.
Options. 4.1 Form of Option Grant. 4.2 Date of Grant. 4.3 Exercise Period. 4.4 Exercise Price. 4.5 Method of Exercise. 4.6 Termination. 4.6.1 Other than Death or Disability or for Cause. 4.6.2 Death or Disability. 4.6.3 For Cause. 4.7 Limitations on Exercise. 4.8 Limitations on ISOs. 4.9 Modification, Extension or Renewal. 4.10 No Disqualification.
Options. 4.1 Form of Option Grant. 4.2 Date of Grant. 4.3 Exercise Period. 4.4 Exercise Price. 4.5 Method of Exercise. 4.6 Termination. 4.6.1 Other than Death or Disability or for Cause. 4.6.3 For Cause. 4.7 Limitations on Exercise. 4.8 Limitations on ISOs. 4.9 Modification, Extension or Renewal. 4.10 No Disqualification.
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Options. (A) Grant of Options. As set forth above, the Company hereby grants to the Participant, as of the Grant Date, the number of Options as set forth in the table above to purchase an equal number of Shares. (B) No Obligation to Exercise Options. The grant and acceptance of Options pursuant to this Agreement do not impose any obligation on the Participant to exercise them.
Options. (A) Grant of Options. As set forth above, the Company hereby grants to the Participant, as of the Grant Date, the number of Options as set forth in the table above to purchase an equal number of Shares. (B) No Obligation to Exercise Options. The grant and acceptance of Options pursuant to this Agreement do not impose any obligation on the Participant to exercise them. 1 Note to Draft: Vesting schedule to be updated as necessary, as directed by the Human Resources and Compensation Committee. 2. R...estricted Share Units. (A) Grant of RSUs. As set forth above, the Company hereby grants to the Participant, as of the Grant Date, the number of RSUs as set forth in the table above. (B) No Issuance at Grant. No Shares shall be issued or delivered to the Participant at the time the RSUs are granted. View More
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Options. Initially, each "Option" is the right to purchase one Share at the Option Price, from its Vesting Date until its Expiration Date or forfeiture (subject to adjustments per the Plan). Options must be exercised with 48 hours advance written notice, unless waived by the Company. 2.1. Option Price. "Option Price" means the closing price per Share on the Grant Date. The Option Price is payable to the Company in cash, in Shares previously owned or in Shares otherwise deliverable upon exercise of vested... Options, in accordance with applicable Rules. 2.2. Shares. Initially, each "Share" is one Share of the Common Stock (subject to adjustments per the Plan). Shares may be certificated upon request, with any legends required by applicable Rules. 2.3. Option Vesting. Unless otherwise determined by the Committee, Option Awards will vest 100% on the third anniversary of the Grant Date ("Vesting Date"), unless forfeited before such Vesting Date. 2.4. Expiration Date. Each Option's "Expiration Date" will be the fifth anniversary of its Grant Date. 2.5. Shareholder Rights. Holders of Options have no rights as a shareholder of the Company until the Option has been exercised and a certificate for Shares underlying such Option has been issued or a book-entry reflecting Share ownership has been made. Except as otherwise provided in the Plan, no adjustments are made for dividends or other rights if the applicable record date occurs before a Participant's stock certificate is issued or a book-entry reflecting Share ownership has been made. View More
Options. Initially, each "Option" is the right to purchase one Share at the Option Price, from its Vesting Date until its Expiration Date or forfeiture (subject to adjustments per the Plan). Options must be exercised with 48 hours advance by written notice, unless waived by the Company. 2.1. 1.1. Option Price. "Option Price" means the closing price per Share on the Grant Date. The Option Price Price, and/or the Participant's tax withholding obligation is payable to the Company in cash, in Shares previous...ly owned or in Shares otherwise deliverable upon exercise of vested Options, in accordance with applicable Rules. 2.2. 1.2. Shares. Initially, each "Share" is one Share of the Common Stock (subject to adjustments per the Plan). Shares may be certificated upon request, with any legends required by applicable Rules. 2.3. 1.3. Option Vesting. Unless otherwise determined by the Committee, Option Awards will vest 100% on the third anniversary of the Grant Date ("Vesting Date"), unless forfeited before such Vesting Date. 2.4. 1.4. Expiration Date. Each Option's "Expiration Date" will be the fifth anniversary of its Grant Date. 2.5. Shareholder Rights. Holders of Options have no rights as a shareholder of the Company until the Option has been exercised and a certificate for Shares underlying such Option has been issued or a book-entry reflecting Share ownership has been made. Except as otherwise provided in the Plan, no adjustments are made for dividends or other rights if the applicable record date occurs before a Participant's stock certificate is issued or a book-entry reflecting Share ownership has been made. View More
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Options. 29.1 Definition. As used in this Lease, the word "Option" has the following meaning: (1) the right or option to extend the term of this Lease or to renew this Lease, (2) the option or right of first refusal to lease the Premises or the right of first offer to lease the Premises or the right of first refusal to lease other space within the Project or the right of first offer to lease other space within the Project, and (3) the right or option to terminate this Lease prior to its expiration date o...r to reduce the size of the Premises. Any Option granted to Tenant by Landlord must be evidenced by a written option agreement attached to this Lease as a rider or addendum or said option shall be of no force or effect. For purposes of this section, an Option shall also include any Option contained in any subsequent amendment to this Lease. 21 29.2 Options Personal. Each Option granted to Tenant in this Lease, if any, is personal to the original Tenant and may be exercised only by the original Tenant while occupying the entire Premises and may not be exercised or be assigned, voluntarily or involuntarily, by or to any person or entity other than Tenant, including, without limitation, any permitted transferee as defined in Section 16. The Options, if any, herein granted to Tenant are not assignable separate and apart from this Lease, nor may any Option be separated from this Lease in any manner, either by reservation or otherwise. If at any time an Option is exercisable by Tenant, the Lease has been assigned or a sublease exists as to any portion of the Premises, the Option shall be deemed null and void and neither Tenant nor any assignee or subtenant shall have the right to exercise the Option. 29.3 Multiple Options. In the event that Tenant has multiple Options to extend or renew this Lease, a later Option cannot be exercised unless the prior Option to extend or renew this Lease has been so exercised. 29.4 Effect of Default On Options. Tenant shall have no right to exercise an Option (i) during the time commencing from the date Landlord gives to Tenant a notice of default pursuant to Section 17.1 and continuing until the noncompliance alleged in said notice of default is cured, or (ii) if Tenant is in default of any of the terms, covenants or conditions of this Lease. The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Tenant's inability to exercise an Option because of the provisions of this section. 29.5 Limitations On Options. Notwithstanding anything to the contrary contained in any rider or addendum to this Lease, any options, rights of first refusal or rights of first offer granted hereunder shall be subject and secondary to Landlord's right to first offer and lease any such space to any tenant who is then occupying or leasing such space at the time the space becomes available for leasing and shall be subject and subordinated to any other options, rights of first refusal or rights of first offer previously given to any other person or entity. 29.6 Guarantees. Notwithstanding anything to the contrary contained in any rider or addendum to this Lease, Tenant's right to exercise and the effectiveness of an Option is conditioned upon Landlord's receipt from any prior tenant that has not been expressly released from liability under this Lease, and any guarantor of any obligation of Tenant under this Lease, of a written agreement satisfactory to Landlord, in Landlord's sole discretion, reaffirming such person's obligations under this Lease or the guaranty, as modified by Tenant's exercise of the Option. 29.7 Notice of Exercise of Option. Notwithstanding anything to the contrary contained in Section 43, Tenant shall give written notice exercising the Option using certified mail return receipt requested or some other method where the person delivering the package containing the notice obtains a signature of the person accepting the package containing the notice (e.g., by FedEx with the requirement that the FedEx delivery person obtain a signature from the person accepting the package). It shall be the obligation of Tenant to prove that Landlord received the notice exercising the Option in a timely manner. View More
Options. 29.1 Definition. 27.1 DEFINITION. As used in this Lease, the word "Option" has the following meaning: (1) the right or option to extend the term of this Lease or to renew this Lease, (2) the option or right of first refusal to lease the Premises or the right of first offer to lease the Premises or the right of first refusal to lease other space within the Project or the right of first offer to lease other space within the Project, and (3) the right or option to terminate this Lease prior to its ...expiration date or to reduce the size of the Premises. Any Option granted to Tenant by Landlord must be evidenced by a written option agreement attached to this Lease as a rider or addendum or said option shall be of no force or effect. For purposes of this section, an Option shall also include any Option contained in any subsequent amendment to this Lease. 21 29.2 Options Personal. 27.2 OPTIONS PERSONAL. Each Option granted to Tenant in this Lease, if any, is personal to the original Tenant and any Permitted Transferee and may be exercised only by the original Tenant or any Permitted Transferee while occupying the entire Premises and may not be exercised or be assigned, voluntarily or involuntarily, by or to any person or entity other than Tenant, including, without limitation, any permitted transferee as defined (other than a Permitted Transferee) approved by Landlord in Section 16. 15. The Options, if any, herein granted to Tenant are not assignable separate and apart from this Lease, nor may any Option be separated from this Lease in any manner, either by reservation or otherwise. If at any time an Option is exercisable by Tenant, the Lease has been assigned or a sublease exists as to any portion of the Premises, Premises (except any assignment or sublease to a Permitted Transferee), the Option shall be deemed null and void and neither Tenant nor any assignee or subtenant (other than a Permitted Transferee) shall have the right to exercise the Option. 29.3 Multiple Options. 27.3 MULTIPLE OPTIONS. In the event that Tenant has multiple Options to extend or renew this Lease, a later Option cannot be exercised unless the prior Option to extend or renew this Lease has been so exercised. 29.4 Effect of Default On Options. 27.4 EFFECT OF DEFAULT ON OPTIONS. Tenant shall have no right to exercise an Option (i) during the time commencing from the date Landlord gives to Tenant a notice of default pursuant to Section 17.1 16.1 and continuing until the noncompliance alleged in said notice of default is cured, or (ii) if Tenant is in default of any of the terms, covenants or conditions of this Lease. The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Tenant's inability to exercise an Option because of the provisions of this section. 29.5 Limitations On Options. Notwithstanding anything to the contrary contained in any rider or addendum to this Lease, any options, rights of first refusal or rights of first offer granted hereunder shall be subject and secondary to Landlord's right to first offer and lease any such space to any tenant who is then occupying or leasing such space at the time the space becomes available for leasing and shall be subject and subordinated to any other options, rights of first refusal or rights of first offer previously given to any other person or entity. 29.6 Guarantees. 31 27.5 RESERVED. 27.6 GUARANTEES. Notwithstanding anything to the contrary contained in any rider or addendum to this Lease, Tenant's right to exercise and the effectiveness of an Option is conditioned upon Landlord's receipt from any prior tenant that has not been expressly released from liability under this Lease, and any guarantor of any obligation of Tenant under this Lease, of a written agreement satisfactory to Landlord, in Landlord's sole discretion, reaffirming such person's obligations under this Lease or the guaranty, as modified by Tenant's exercise of the Option. 29.7 Notice of Exercise of Option. 27.7 NOTICE OF EXERCISE OF OPTION. Notwithstanding anything to the contrary contained in Section 43, 39, Tenant shall give written notice exercising the Option using certified mail return receipt requested or some other method where the person delivering the package containing the notice obtains a signature of the person accepting the package containing the notice (e.g., by FedEx with the requirement that the FedEx delivery person obtain a signature from the person accepting the package). It shall be the obligation of Tenant to prove that Landlord received the notice exercising the Option in a timely manner. View More
Options. 29.1 26.1 Definition. As used in this Lease, the word "Option" has the following meaning: (1) the right or option to extend the term Term of this Lease or to renew this Lease, and (2) the option or right of first refusal to lease the Premises or the right of first offer to lease the Premises or the right of first refusal to lease other space within the Project or the right of first offer to lease other space within the Project, and (3) the right or option to terminate this Lease prior to its exp...iration date or to reduce the size of the Premises. Project. Any Option granted to Tenant by Landlord must be evidenced by a written option agreement attached to this Lease as a rider or addendum or said option shall be of no force or effect. For purposes of this section, an Option shall also include any Option contained in any subsequent amendment to this Lease. 21 29.2 26.2 Options Personal. Each Option granted to Tenant in this Lease, if any, is personal to the original Tenant and may be exercised only by the original Tenant while occupying the entire Premises and may not be exercised or be assigned, voluntarily or involuntarily, by or to any person or entity other than Tenant, including, without limitation, any permitted transferee as defined in Section 16. 12. The Options, if any, herein granted to Tenant are not assignable separate and apart from this Lease, nor may any Option be separated from this Lease in any manner, either by reservation or otherwise. If at any time an Option is exercisable by Tenant, the Lease has been assigned assigned, or a sublease exists as to any portion of the Premises, the Option shall be deemed null and void and neither Tenant nor any assignee or subtenant shall have the right to exercise the Option. 29.3 26.3 Multiple Options. In the event that Tenant has multiple Options to extend or renew this Lease, Lease a later Option cannot be exercised unless the prior Option to extend or renew this Lease has been so exercised. 29.4 26.4 Effect of Default On on Options. Tenant shall have no right to exercise an Option (i) during the time commencing from the date Landlord gives to Tenant a notice of default pursuant to Section 17.1 13.1 and continuing until the noncompliance alleged in said notice of default is cured, or (ii) if Tenant is in default of any of the terms, covenants or conditions of this Lease. The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Tenant's inability to exercise an Option because of the provisions of this section. 29.5 Section 26.4. -25- 26.5 Limitations On on Options. Notwithstanding anything to the contrary contained in any rider or addendum to this Lease, any options, rights of first refusal or rights of first offer granted hereunder shall be subject and secondary to Landlord's right to first offer and lease any such space to any tenant who is then occupying or leasing such space at the time the space becomes available for leasing and shall be subject and subordinated to any other options, rights of first refusal or rights of first offer previously given to any other person or entity. 29.6 Guarantees. Notwithstanding anything to the contrary contained in any rider or addendum to this Lease, Tenant's right to exercise and the effectiveness of an Option is conditioned upon Landlord's receipt from any prior tenant that has not been expressly released from liability under this Lease, and any guarantor of any obligation of Tenant under this Lease, of a written agreement satisfactory to Landlord, in Landlord's sole discretion, reaffirming such person's obligations under this Lease or the guaranty, as modified by Tenant's exercise of the Option. 29.7 26.6 Notice of Exercise of Option. Notwithstanding anything to the contrary contained in Section 43, 40, Tenant shall give may only exercise an option by delivering its written notice exercising the Option using of exercise to Landlord by certified mail mail, return receipt requested or some other method where the person delivering the package containing the notice obtains a signature and date of the person accepting the package containing the notice (e.g., by FedEx with the requirement that the FedEx delivery person obtain a signature from the person accepting the package). requested. It shall be the Tenant's obligation of Tenant to prove that Landlord received the such notice exercising the Option was so sent in a timely manner. manner and was delivered to Landlord by the U.S. Postal Service. See Addendum Paragraph 4 27. Landlord Reservations. Landlord shall have the right: (a) to change the name and address of the Project or Building upon not less than ninety (90) days prior written notice; (b) to, at Tenant's expense, provide and install Building standard graphics on or near the door of the Premises and such portions of the Common Areas as Landlord shall determine, in Landlord's sole discretion; (c) to permit any tenant the exclusive right to conduct any business as long as such exclusive right does not conflict with any rights expressly given herein; and (d) to place signs, notices or displays upon the roof, interior, exterior or Common Areas of the Project. Tenant shall not use a representation (photographic or otherwise) of the Building or the Project or their name(s) in connection with Tenant's business or suffer or permit anyone, except in an emergency, to go upon the roof of the Building. Landlord reserves the right to use the exterior walls of the Premises, and the area beneath, adjacent to and above the Premises together with the right to install, use, maintain and replace equipment, machinery, pipes, conduits and wiring through the Premises, which serve other parts of the Project provided that Landlord's use does not unreasonably interfere with Tenant's use of the Premises. View More
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Options. In accordance with IRS guidelines, Employee has 90-days from the Separation Date to exercise his vested stock options (if any), after which time any unexercised options will be cancelled and forfeited. Employee acknowledges that he is not entitled to, and the Company will not provide, any acceleration of unvested stock options.
Options. In accordance with IRS guidelines, Employee has 90-days from the Separation Date to exercise his vested stock options (if any), after which time any unexercised options will be cancelled and forfeited. Employee acknowledges that he is not entitled to, and the Company will not provide, any acceleration of unvested stock options.
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Options. Subject to a resolution duly resolved by the Board of Directors of Infinity Augmented Reality, Inc., the parent company of the Company (the "Parent Company"), and conditioned upon the adoption of an Israeli sub-plan, and complying with all the requirements of the Israeli Taxation Authority for issuance of options under the Israeli sub-plan in accordance with Section 102 of the Israeli Income Ordinance (capital gain), and the lapse of the required period under the foregoing section, the Parent Co...mpany shall grant the Employee options to purchase such number shares of the Parent Company at a price per share and under terms and conditions as set forth in Schedule ‎‎1 (the "Options"), subject to the terms of (a) the Parent Company's applicable equity incentive plan and Israeli sub-plan, as such shall be adopted by the Company and the Parent Company; and (b) an option agreement to be executed between the Parent Company and the Employee, (the "Options Documents"). The Options Documents shall provide, inter alia, that in the event of termination of employment, all the Options which shall become vested prior to such termination date, may be exercised by the Employee following the termination date, in accordance with the terms of the Option Documents. The Employee acknowledges that Employee will be required to execute additional documents in compliance with the applicable tax laws and/or other applicable laws. Term and Termination of Employment 15. Term. The Employee's employment by the Company under this Agreement shall commence on the date set forth in Schedule ‎1 (the "Commencement Date"), and shall continue until it is terminated pursuant to the terms set forth herein (the "Term"). View More
Options. Subject to a resolution duly resolved by the Board of Directors of Infinity Augmented Reality, Inc., the parent company of the Company Company, (the "Parent Company"), and conditioned upon the adoption of an Israeli sub-plan, and complying with all the requirements of the Israeli Taxation Authority for issuance of options under the Israeli sub-plan in accordance with Section 102 of the Israeli Income Ordinance (capital gain), and the lapse of the required period under the foregoing section, the ...Parent Company shall grant the Employee options an option to purchase such number shares of the Parent Company at a price per share and under terms and conditions as set forth in Schedule ‎‎1 (the "Options"), "Option"). The Option shall be subject to the terms of (a) the (a)the Parent Company's applicable equity incentive plan and Israeli sub-plan, as such shall will be adopted by the Company and the Parent Company; and (b) an option agreement to be executed between the Parent Company and the Employee, (the "Options Documents"). The Options Documents shall provide, inter alia, that in the event of termination of employment, all the Options which shall become vested prior to such termination date, may be exercised by the Employee following the termination date, in accordance with the terms of the Option Documents. Employee. The Employee acknowledges that Employee will be required to execute additional documents in compliance with the applicable tax laws and/or other applicable laws. Term and Termination of Employment 15. Term. The Employee's employment by the Company under this Agreement shall commence on the date set forth in Schedule ‎1 (the "Commencement Date"), and shall continue until it is terminated pursuant to the terms set forth herein (the "Term"). View More
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Options. (a) Option Grants. Subject to Board approval and, if necessary, stockholder approval, the Company shall grant to you under the 2010 Stock Incentive Plan of OptiNose, Inc., as amended from time to time (the "Plan"), and subject to the terms of the Grant Agreement (as defined below): (i) an option to purchase 50,000 shares of OptiNose, Inc.'s common stock at an exercise price equal to the fair market value of such common stock on the date of grant (the "Option Grant"), and (b) Vesting. The Option ...Grant will vest and become exercisable over a period of 4 years provided that you have been continuously employed by the Company up to and on each such vesting date. Acceleration of vesting with respect to the Option Grant, if any, on a change of control will be governed by the applicable Grant Agreement. (c) Form of Grant. The Option Grant will be granted pursuant to and, to the extent not contrary to the terms of this Letter Agreement, will be subject to the terms and conditions imposed under the Plan and the grant agreement ("Grant Agreement") to be entered into between you and OptiNose, Inc. which will include, without limitation, provisions relating to limits on transfer, post-termination exercise periods and other provisions as determined by OptiNose, Inc. 5. Benefits and Fringes. (a) General. While you are employed by the Company, you will be entitled to such benefits and fringes, if any, as are generally provided from time to time by the Company to its employees, subject to the satisfaction of any eligibility requirements. (b) Vacation. You will also be entitled to annual paid vacation in accordance with the Company's vacation policies in effect from time to time, which may be taken at such times as you elect with due regard to the needs of the Company. (c) Reimbursement of Business Expenses. Upon presentation of appropriate documentation, you will be reimbursed in accordance with the Company's expense reimbursement policy for all reasonable and necessary business expenses incurred in connection with the performance of your duties and responsibilities hereunder. View More
Options. (a) Option Grants. Subject to Board approval and, if necessary, stockholder approval, the Company shall grant to you under the 2010 Stock Incentive Plan of OptiNose, Inc., as amended from time to time (the "Plan"), and subject to the terms of the Grant Agreement Agreements (as defined below): (i) an option the right to purchase 50,000 shares of OptiNose, Inc.'s common stock stock, or an economically equivalent interest, at an exercise price equal to the fair market value of such common stock on ...the date of grant (the "Option "Standard Option Grant"), and (ii) the right to purchase 100,000 shares of OptiNose, Inc.'s common stock, or an economically equivalent interest, at an exercise price of $47.10 per share, which exercise price may be greater than the fair market value of such common stock on the date of grant (the "Success Option Grant"). (b) Vesting. The Standard Option Grant will vest and become exercisable over a period of 4 years provided that you have been continuously employed by the Company up to and on each such vesting date. Acceleration of vesting with respect to the Standard Option Grant, if any, on a change of control will be governed by the applicable Grant Agreement. The Success Option Grant will vest and become exercisable (i) in full immediately prior to and contingent upon a Change of Control (but not an IPO) and (ii) on and following an IPO to the extent the option has time vested in accordance with the Company's standard time vesting schedule described in the applicable Grant Agreement. (c) Form of Grant. The Each Option Grant will be granted pursuant to and, to the extent not contrary to the terms of this Letter Agreement, will be subject to the terms and conditions imposed under the Plan and the grant agreement agreements ("Grant Agreement") Agreements") to be entered into between you and OptiNose, Inc. which will include, without limitation, provisions relating to limits on transfer, post-termination exercise periods and other provisions as determined by OptiNose, Inc. 5. Benefits and Fringes. (a) General. While you are employed by the Company, you will be entitled to such benefits and fringes, if any, as are generally provided from time to time by the Company to its employees, subject to the satisfaction of any eligibility requirements. (b) Vacation. You will also be entitled to annual paid vacation in accordance with the Company's vacation policies in effect from time to time, which may be taken at such times as you elect with due regard to the needs of the Company. (c) Reimbursement of Business Expenses. Upon presentation of appropriate documentation, you will be reimbursed in accordance with the Company's expense reimbursement policy for all reasonable and necessary business expenses incurred in connection with the performance of your duties and responsibilities hereunder. View More
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Options. Executive will be granted options (the "Options") pursuant to the Company's Stock Option Plan (the "Plan") to purchase One Million Five Hundred Forty Eight Thousand Two Hundred Sixty Three (1,548,263) shares of Common Stock of the Company (the "Initial Option Shares"), which represents approximately two percent (2.0%) of the Company's Common Stock on a fully diluted basis as of the date of this Agreement. The exercise price per share of Executive's Initial Option will be equal to the fair market... value per share of the Company's Common Stock as of the date that such Initial Option is granted by the Board. Such Initial Option will become exercisable over the 48 month period, as follows: (a) On the first anniversary of the Start Date (the "Vesting Start Date"), Three Hundred Eighty Seven Thousand Sixty Six (387,066) Initial Option Shares shall vest and become exercisable; and (b) Thereafter, the balance of the Initial Option Shares shall vest and become exercisable on in thirty-six (36) equal monthly installments on each one month anniversary of the Vesting Start Date. The vesting of the Initial Option on the Vesting Start Date and each monthly date thereafter is subject to Executive's being employed by or rendering services as a consultant to the Company on each such date. (c) Additional Option Grants. During the term hereof, Executive will be eligible to receive additional stock options, restricted stock grants or other equity incentive awards under or outside of the Plan and under any successor equity incentive plans of the Company, as the Board in its sole discretion determines to be appropriate. (d) Adjustments to Options. In the event of changes in the outstanding Common Stock by reason of stock dividends, stock splits, reverse stock splits, recapitalizations, reorganizations, mergers, consolidations, combinations or other changes in capitalization occurring after the date of this Agreement, the number of shares underlying the Options and, with respect to the Options, the exercise price, shall be equitably adjusted by the Board. 3 (e) Expenses. The Company shall reimburse Executive for all normal, usual and necessary expenses incurred by Executive in furtherance of the business and affairs of the Company, including reasonable travel and entertainment, upon timely receipt by the Company of appropriate vouchers or other proof of Executive's expenditures and otherwise in accordance with any expense reimbursement policy as may from time to time be adopted by the Company. (f) Insurance. Executive shall be designated as a named insured on directors' and officers' liability insurance of the Company. (g) Executive Benefits. Executive will receive the Company's standard employee benefits package (including health and disability insurance paid by the Company, participation in the Company's 401(k) plan subject to the terms and conditions thereof) as such package and policies are in effect from time to time, and as such benefits package may be adjusted by the Board in good faith during the term hereof, as applicable to all employees, which benefits package can be increased, but cannot be decreased unless such decrease is effected in connection with, and is proportional to, an overall reduction in the relevant benefits to all executive officers decided by the Board in good faith as being in the best interests of the Company and its stockholders, and will only be so reduced during such time as all such other relevant executive officer benefits remain so reduced. (h) Vacation. Executive shall, during the Term, be entitled to four (4) weeks of vacation per annum, in addition to nationally recognized holidays. View More
Options. (a) Executive has previously been granted an option to purchase 619,305 shares of common stock of the Company in connection with his appointment as Chairman of the 3 Board of Directors (the "Board Options"), which Board Options are evidenced by that certain option agreement between the Company and Executive dated March 21, 2013. The Board Options shall continue to vest in accordance with the terms of such option agreement so long as Executive continues to serve on the Board of the Company (b) Ex...ecutive will be granted options an option (the "Options") "Initial Option") pursuant to the Company's Stock Option Plan (the "Plan") to purchase One Million Five Hundred Forty Eight Thousand Two Hundred Sixty Three (1,548,263) 4,612,341 shares of Common Stock common stock of the Company (the "Initial Option Shares"), which represents approximately two percent (2.0%) of the Company's Common Stock on a fully diluted basis as of the date of this Agreement. Shares"). The exercise price per share of Executive's Initial Option will be equal to the fair market value per share of the Company's Common Stock common stock as of the date that such Initial Option is granted by the Board. Such Initial Option will shall vest and become exercisable over the a 48 month period, as follows: (a) (i) On the first anniversary of the Start Date (the "Vesting Start "Initial Vesting Date"), Three Hundred Eighty Seven Thousand Sixty Six (387,066) 1,153,086 Initial Option Shares shall vest and become exercisable; and (b) (ii) Thereafter, the balance of the Initial Option Shares shall vest and become exercisable on in thirty-six (36) equal monthly installments on each one month consecutive monthly anniversary of the Initial Vesting Start Date. The vesting of the Initial Option on the Initial Vesting Start Date and each monthly date thereafter is subject to Executive's being employed by or rendering services as a consultant to the Company on each such date. (c) Additional Option Grants. During the term Term hereof, Executive will be eligible to receive additional stock options, restricted stock grants or other equity incentive awards under or outside of the Plan and under any successor equity incentive plans of the Company, as the Board in its sole discretion determines to be appropriate. (d) Adjustments to Options. In the event of changes in the outstanding Common Stock by reason of stock dividends, stock splits, reverse stock splits, recapitalizations, reorganizations, mergers, consolidations, combinations or other changes in capitalization occurring after the date of this Agreement, the number of shares underlying the Options and, with respect to the Options, the exercise price, shall be equitably adjusted by the Board. 3 (e) Expenses. The Company shall reimburse Executive for all normal, usual and necessary expenses incurred by Executive in furtherance of the business and affairs of the Company, including reasonable travel and entertainment, upon timely receipt by the Company of appropriate vouchers or other proof of Executive's expenditures and otherwise in accordance with any expense reimbursement policy as may from time to time be adopted by the Company. (f) (e) Insurance. At all times while Executive is serving as an officer and/or director of the Company, the Company will procure and maintain directors and officers liability insurance in amounts and durations determined by the Board. Such insurance shall be designated designation Executive as a named insured on directors' and officers' liability insurance shall provide Executive with the same rights and benefits as are accorded to the most favorably insured of the Company. (g) Company's officers and directors. (f) Executive Benefits. Executive will receive the Company's standard employee benefits package (including health and disability insurance paid by the Company, participation in the Company's 401(k) plan subject to the terms and conditions thereof) as such package and policies are in effect from time to time, and as such benefits package may be adjusted by the Board in good faith during the term Term hereof, as applicable to all employees, which benefits package can be increased, but cannot be decreased unless such decrease is effected in connection with, and is proportional to, an overall reduction in the relevant benefits to all executive officers decided by the Board in good faith as being in the best interests of the Company and its stockholders, officers, and will only be so reduced during such time as all such other relevant executive officer benefits remain so reduced. (h) 4 (g) Vacation. Executive shall, during the Term, shall be entitled to four (4) weeks of paid vacation per annum, in addition to nationally recognized holidays. View More
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