Lessee's Waiver of Right of First Refusal Through Agreement to Sale

A lessee, having agreed to the sale of the leased premises by the lessor to a third party, sought to exercise a right of first refusal upon learning of the sale, which the third-party purchaser challenged as untimely because the lessee had previously failed to assert this right during the stipulated period following notification of the lessor's intent to sell. The court declared the appeal inadmissible, reasoning that once the lessee explicitly agreed to the sale to the third party, they relinquished their right to subsequently invoke the right of first refusal, as the agreement to the sale constituted a definitive waiver of that right, rendering the later assertion ineffective.