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terms as set forth in Lessor's Notice if the third -party offer is to purchase the Property, or <br />(ii) lease the Property if the third -party offer is to lease the Property, in which case the <br />lease shall either be on the terms set forth in Lessor's Notice or under the terms of the <br />Lease, whichever is more favorable to Lessor as determined by Lessor in its sole <br />discretion. In the event that the Right of First Refusal is for a lease of the Property, and if <br />the terms of the existing Lease are to apply, the rent to be paid under the Lease shall be <br />that rent which would apply if the PPI adjustments had been annually calculated and the <br />rent adjusted from February 1, 2012 to the date that the Lease is reactivated as a result of <br />the exercise of the Right of First Refusal; however, the term of the Lease shalt be for <br />another fourteen years (six years having elapsed as of the date of this Agreement). <br />Further, in the event that the terms of the Lease are to apply to the Right of First Refusal <br />due to Lessor's election, white the early termination provision in the Lease shall apply <br />(Lessee may exercise an early termination right by paying the applicable fee), as an <br />exception thereto, any termination during the last ten years of the Lease term shall require <br />a lease termination fee payment equal to three (3), not two (2), years of the AMR, <br />calculated in accordance with the Lease. <br />C. If Lessee does not notify Lessor within such five (5) day period, it <br />shall be conclusively presumed that Lessee does not desire to exercise its Right of First <br />Refusal, and Lessor shall be free to accept the offer from that third party or from a <br />different party provided that the terms are substantially similar to those set forth in <br />Lessor's Notice, Notwithstanding the foregoing, if Lessor does not accept the third -party <br />offer within six (6) months from the date of Lessor's Notice, then Lessor shall again be <br />required to provide Lessee with notice of any third -party offer to purchase or lease the <br />Property which Lessor desires to accept. Nothing contained herein is intended to impose <br />any obligation on Lessor to accept any third -party offers. <br />D. if Lessee elects to accept the Right of First Refusal and purchase or <br />lease the Property, Lessee will accept the Property in its "as is" condition, with all <br />benefits and faults." <br />E. All notifications contemplated by this Paragraph, whether from Lessee <br />to Lessor, or from Lessor to Lessee, shall be in writing and shall be given in the manner <br />Ed L£09 <br />5 <br />svoM ssele snvs stirs dLO:Z6 t b 9l <br />