Available Space. Evolent shall have the rights set forth in this Section 44 provided that (i) Evolent has leased at least 14,560 square feet of rentable office space on the sixth (6th) floor of the Building pursuant to Section 45 hereof, Section 46 hereof, or any combination thereof, (ii) Evolent is not then in Default and has not been in Default more than once during the Term, in each case both at the time of Landlord’s Offer (as hereinafter defined), and at the time of the commencement of the term as to the Available Space (as hereinafter defined), (iii) Evolent is then in occupancy of at least seventy-five percent (75%) of the Premises at the time of Landlord’s Offer, and at the time of the commencement of the term as to the Available Space, and (iv) the right and option of Evolent hereinafter granted shall be subject and subordinate to the right(s) and option(s) as to said Available Space of any future tenants leasing space in the Building during Landlord’s initial leasing of the Building. If after Landlord has completed its initial leasing of the Building (except for the Available Space), there then remains Available Space (as hereinafter defined) in the Building which is not the subject of any present or future rights of one or more tenants that entered into leases for space in the Building
Available Space. For the purposes of the Expansion Option, "Available Space" shall mean any rentable area within the Building not leased to a tenant and not currently subject to any option or expansion rights of any other tenant. Tenant may exercise the Expansion Option as to any Available Space, provided however, that if the Available Space was configured for use by a single tenant, Tenant must exercise the Expansion Option as to all of such available Space. Tenant may not exercise the Expansion Option as to a portion or less than all or any Available Space configured for use by a single tenant.
Available Space. Provided that CapitalSource is not then in default and has not been in default more than once during the Term, in each case both at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the Term as to the 7th Floor Space, as hereinafter defined, and is then in occupancy of at least fifty percent (50%) of the Premises at the time of Landlord's 7th Floor Offer, as hereinafter defined, and at the time of the commencement of the term as to the 7th Floor Space, as hereinafter defined, and provided further that the right and option of CapitalSource hereinafter granted, shall be subject and subordinate to the prior right and option of The Ritz-Carlton Hotel Company, L.L.C. or any Permitted Transferee, as such term is defined in that certain Office Lease Agreement (the 'Ritz-Carlton Lease') between Landlord and Ritz-Carlton (collectively 'Ritz-Carlton'), to lease said 7th Floor Space (the 'Ritz-Carlton Expansion Option'), as hereinafter defined, then solely during the period commencing on the Third Expansion Space Commencement Date, CapitalSource shall have a one-time right to receive from Landlord, after the earlier to occur of the expiration of the Ritz-Carlton Expansion Option, as set forth in the Ritz-Carlton Lease, as to the 7th Floor Space or Landlord's receipt of a written waiver from Ritz-Carlton of the Ritz-Carlton Expansion Option, an offer to lease the 7th Floor Space to CapitalSource on the terms set forth in Landlord's 7th Floor Offer, which offer shall be accepted or rejected at CapitalSource's option. '7th Floor Space' means only that office space located on the 7th floor of the Building and shown on Exhibit Q attached to this Lease, as said space may become available for lease after the expiration of the term, or earlier termination, of the existing lease between Landlord and the tenant of said 7th Floor Space as of the date upon which Ritz-Carlton is entitled to exercise the Ritz-Carlton Expansion Option. The 7th Floor Space shall be offered to and accepted (if at all) by CapitalSource on the terms and conditions set forth in Landlord's offer to CapitalSource as to such 7th Floor Space ('Landlord's 7th Floor Offer'), which Landlord's 7th Floor Offer shall provide that the proposed Base Rent Per Annum shall be the prevailing market rent, as determined pursuant to Section 3.5(a) of this Lease.
Available Space. The Lessor shall notify the Lessee of any space availability within the building; and shall not enter into a lease agreement for such space with a third party within five business days following such notice. EXHIBIT B BUILDOUT PLAN & SPECIFICATIONS Subsequent to the execution of this lease, the Lessee shall submit to the Lessor, for the Lessor's approval, not to be unreasonably withheld or delayed, a "Buildout Plan & Specifications", detailing the improvements to be effected by the Lessee's general contractor, pursuant to Section 22.B. herein. The Lessee shall provide the Lessor a true and complete copy of the Lessee's contract with its general contractor, and of the schedule for progress payments to said contractor. The Lessee shall make a co-payment to each progress payment in the proportion of its total contribution of $250,000 to the estimated total cost of the contractor's work. The Lessor, at its expense, shall be responsible for improving the first floor lobby and other common areas to a level consistent with the premises occupied by the Lessee and other tenants of the building. In general, these improvements shall include acoustical ceilings, painted drywall (or wall covering), carpeting or other suitable floor covering. EXHIBIT C APPROVAL AND AGREEMENT OF OWNER The Owner of the property of which the leased premises are part, hereby authorized Ark-Les Corp., its tenant under the Master Lease, to enter into this lease as Lessor. The owner agrees that for as long as the Lessee is not in default beyond applicable grace or cure periods in the payment of rent or in the performance of the covenants or conditions of this lease, the Lessee's possession and occupancy of the leased premises and the Lessee's rights and privileges under this lease or extension thereof shall not be diminished or interfered with by Owner. The Owner further agrees that if the Master Lease is terminated, expires, or is not renewed and Lessee is not in default under the lease beyond applicable grace or cure periods, the Owner will recognize the Lessee's possession and occupancy under all terms of this lease. The provisions of this Section shall bind the heirs, successors, and assigns of the Owner, as well as subsequent owners of the Building. Owner: N-K Realty Trust _______________________________ Name: _________________________ Title: ________________________ Date: _________________________ [Not presented here is a diagram of the floor plan of the premises with the following notat...
Available Space. Upon request by Tenant from time to time, Landlord will advise Tenant of the suites within the Project that Landlord in good faith anticipates will become available for lease during the next following six (6) months. Nothing contained herein, however, shall be deemed to grant Tenant any option or other right to lease any such space that may become available.
Available Space. The Bell Space shall be deemed to "become available" on the earlier of (i) August 31, 2001; or (ii) when the Bell Lease is otherwise terminated.
Available Space. As used in this Section 53, "Available Space" shall mean any office space in the Building which becomes vacant after the Commencement Date and during the Term, other than space on the ground floor. If any such vacant space is subject to an existing expansion right or first refusal right of an existing tenant, or if Lessor