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Fill and Sign the A Decision Model for Lease Parties in Sale Leasebacks of Form

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TOP LEASING PROHIBITION If, during the primary term of this Lease, Lessor receives, from a third party, in an arms- length transaction, a bona fide offer, which Lessor is willing to accept, to purchase a lease on all or any part of the lease premises with that lease becoming effective on the expira tion of this Lease, Lessor agrees to immediately notify Lessee, in writing, of the offer, includi ng in the notice the name and address of the offeror, the price offered and all of the pertinent terms of the offer. Lessee shall have _____ days from the date of receipt of Lessor's written notice within which to elect to purchase a new lease on any part of the lands that are subjec t to this Lease at the same price and on the same terms and conditions as specified in the third party offer. All offers made at times up to and including the last day of the primary term of this Lease shall be subject to the terms and conditions of this provision. In the event Lessee elects t o purchase the new lease it shall notify Lessor in writing prior to the expiration of the ____ day period. L essee shall promptly furnish Lessor the new lease for execution by Lessor, together with Lessee's payment of the bonus, as specified in the offer, as consideration for the new lease. Upon recei pt, Lessor shall promptly execute the new lease and return it to Lessee. Lessee's fail ure to respond to Lessor's written notice within the _____ day period shall be deemed an electi on by Lessee not to purchase the new lease. At that time, Lessor shall be free to execute t he new lease in favor of the third party offeror.

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