Common use of Available Space Clause in Contracts

Available Space. The term "Available Space" shall mean any space in the Building which, in Landlord's determination in its sole discretion, as of the date of Tenant's Notice, (i) is not the subject of lease negotiations per a written lease proposal, (ii) is not in a shell condition, (iii) is not the subject of rights or interests conferred to other tenants' space, as contained in any lease, or otherwise, then in effect, including, without limitation, options or rights regarding renewal, extension or expansion, subleases or assignments, and (iv) has in its lease a relocation clause. Notwithstanding the foregoing to the contrary, Landlord agrees to use reasonable efforts to include a Landlord's relocation provision in all leases within the Building containing 5,000 or less rentable square feet; provided, however, that any such relocation clause shall be expressly contingent upon Landlord's ability to relocate such tenant in the Building and if no space exists at the time of Tenant's Notice, then, notwithstanding anything contained in this Paraxxxxx 00, Xxxxxxxx xxxll have no obligation to relocate any such tenants to create Available Space for Tenant under this Paragraph 35. It is also understood and agreed that the Available Space identified in Landlord's Notice shall be in a configuration and location as determined by Landlord, may not be contiguous to the Premises, may consist of multiple suites in the Building which are not contiguous to one another, and that the suites comprising the Available Space will be provided to Tenant only in their then existing demised rentable square foot increments, which may or may not equal precisely 5,000 rentable square feet. Further, Tenant hereby acknowledges that nothing contained herein shall be deemed to limit or preclude Landlord's right to actively market or lease the Building and to enter into any and all lease commitments with any party pertaining to the same.

Available Space. The For the purposes of the Expansion Right: (i) the term "First Floor Available Space" shall mean any Rentable Area within the first floor of the Building other than the Demised Premises; (ii) the term "Second Floor Available Space" shall mean any Rentable Area within the second floor of the Building which Landlord is not obligated, as of the date hereof, to deliver to Genos Biosciences, Inc. pursuant to the terms of its lease; (iii) the term "3530 Available Space" shall mean any Rentable Area within any free-standing office or laboratory building upon the land immediately adjacent to the Building to be constructed and to have a mailing address of 3530 Xxxx Xxxxxxx Xxxxx; and (iv) the term "Available Space" shall mean mean, collectively, the First Floor Available Space, the Second Floor Available Space and the 3530 Available Space. Tenant may exercise the Expansion Right as to any space in the Building which, in Landlord's determination in its sole discretion, as of the date of Tenant's Notice, (i) is not the subject of lease negotiations per a written lease proposal, (ii) is not in a shell condition, (iii) is not the subject of rights or interests conferred to other tenants' space, as contained in any lease, or otherwise, then in effect, including, without limitation, options or rights regarding renewal, extension or expansion, subleases or assignments, and (iv) has in its lease a relocation clause. Notwithstanding the foregoing to the contrary, Landlord agrees to use reasonable efforts to include a Landlord's relocation provision in all leases within the Building containing 5,000 or less rentable square feetAvailable Space; provided, however, that any such relocation clause shall be expressly contingent upon Landlord(notwithstanding anything to the contrary contained herein) Tenant's ability to relocate exercise the Expansion Right as to any Second Floor Available Space shall be subordinate to the right of Genos Biosciences, Inc. to exercise its expansion right as to such tenant space pursuant to the terms of its lease executed concurrently herewith; further provided, however, that (notwithstanding anything to the contrary contained herein) Tenant's ability to exercise the Expansion Right as to any 3530 Available Space shall only arise in the event that Landlord constructs or determines to pursue a speculative development project for a free-standing office or laboratory building upon the land immediately adjacent to the Building and desires to lease such new building for any purpose other than for parking, storage or placement of temporary trailers; and further provided, however, that if no space exists at the time of Tenant's Notice, then, notwithstanding anything contained in this Paraxxxxx 00, Xxxxxxxx xxxll have no obligation to relocate any such tenants to create Available Space for Tenant under this Paragraph 35. It is also understood and agreed that the Available Space identified in Landlord's Notice shall be in was configured for use by a configuration and location as determined by Landlord, may not be contiguous to the Premises, may consist of multiple suites in the Building which are not contiguous to one another, and that the suites comprising the Available Space will be provided to Tenant only in their then existing demised rentable square foot increments, which may or may not equal precisely 5,000 rentable square feet. Furthersingle tenant, Tenant hereby acknowledges that nothing contained herein shall be deemed must exercise the Expansion Right as to limit or preclude Landlord's right to actively market or lease the Building and to enter into any and all lease commitments with any party pertaining to the same.of

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 xxxx term "Available Space" is defined in that certain Office Lease Agreement (the 'Ritz-Carlton Lease') between Landlord and Ritz-Carlton (collectivelx 'Xitz-Carlton'), to lease said 7xx Xxxxx Xxxce (the 'Ritz-Carlton Xxxxxxion Option'), as hereinafter defined, thxx xxxxxx xxring the period commencing on the Third Expansion Space Commencement Date, CapitalSource shall mean any space 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 Building whichRitz-Carxxxx Xxxxx, as to the 7th Floor Space or Landlord's xxxxxxx xx a written waiver from Ritz-Carlton of the Ritz-Carlton Expansion Option, an offer xx xxxxx xxe 7th Floor Xxxxx xx CapitalSource on the terms set forth in Landlord's determination in its sole discretion7th 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 of Tenant's Notice, (i) upon which Ritz-Carlton is not entitled to exercise the subject of lease negotiations per a written lease proposal, (ii) is not in a shell condition, (iii) is not the subject of rights or interests conferred to other tenants' space, as contained in any lease, or otherwise, then in effect, including, without limitation, options or rights regarding renewal, extension or expansion, subleases or assignments, and (iv) has in its lease a relocation clauseRitz-Carlton Expansion Optxxx. Notwithstanding the foregoing to the contrary, Landlord agrees to use reasonable efforts to include a Landlord's relocation provision in all leases within the Building containing 5,000 or less rentable square feet; provided, however, that any such relocation clause The 7th Floor Space shall be expressly contingent upon Landlord's ability to relocate such tenant in xxxxxxx xx and accepted (if at all) by CapitalSource on the Building terms and if no space exists at the time of Tenant's Notice, then, notwithstanding anything contained in this Paraxxxxx 00, Xxxxxxxx xxxll have no obligation to relocate any such tenants to create Available Space for Tenant under this Paragraph 35. It is also understood and agreed that the Available Space identified conditions set forth in Landlord's Notice 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 in a configuration and location the prevailing market rent, as determined by Landlord, may not be contiguous pursuant to the Premises, may consist Section 3.5(a) of multiple suites in the Building which are not contiguous to one another, and that the suites comprising the Available Space will be provided to Tenant only in their then existing demised rentable square foot increments, which may or may not equal precisely 5,000 rentable square feet. Further, Tenant hereby acknowledges that nothing contained herein shall be deemed to limit or preclude Landlord's right to actively market or lease the Building and to enter into any and all lease commitments with any party pertaining to the samethis Lease.

Available Space. The term "Available Space" shall mean any space Provided that CapitalSource Finance LLC, a Delaware limited liability company ('CapitalSource') is not then in default and has not been in default more than once during the Building whichTerm, in each case both at the time of Landlord's determination Offer, as hereinafter defined, and at the time of the commencement of the Term as to the 11th Floor Space, as hereinafter defined, and is then in its sole discretionoccupancy of at least fifty percent (50%) of the Premises at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the term as to the 11th 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 any existing tenant, as of the date of Tenant's Notice, (i) is not the subject of lease negotiations per a written lease proposal, (ii) is not in a shell condition, (iii) is not the subject of rights or interests conferred to other tenants' spaceThird Amendment, as contained in any lease, or otherwise, then in effect, including, without limitation, options or rights regarding renewal, extension or expansion, subleases or assignments, and (iv) has in its lease a relocation clause. Notwithstanding the foregoing to the contrary11th Floor Space, Landlord agrees to use reasonable efforts to include a Landlord's relocation provision in all leases within the Building containing 5,000 or less rentable square feet; provided, however, that any such relocation clause shall be expressly contingent upon Landlord's ability to relocate such tenant in the Building and if no space exists at the time of Tenant's Noticeas hereinafter defined, then, notwithstanding anything contained in this Paraxxxxx 00solely during the period commencing on the Third Expansion Space Commencement DATE, Xxxxxxxx xxxll CapitalSource shall have no obligation a one-time right to relocate any such tenants receive from Landlord, prior to create Available the next leasing of said 11th Floor Space for Tenant under this Paragraph 35. It is also understood and agreed that by Landlord, an offer to lease the Available 11th Floor Space identified to CapitalSource on the terms set forth in Landlord's Notice 11th Floor Offer, which offer shall be accepted or rejected at CapitalSource's option. '11th Floor Space' means only that office space located on the 11th floor of the Building currently occupied by HealthCare Financial Partners REIT, Inc. ('HealthCare') and shown on Exhibit P 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 HealthCare with respect to the 11th Floor Space. The 11th Floor Space shall be offered to and accepted (if at all) by CapitalSource on the terms and conditions set forth in a configuration and location Landlord's offer to CapitalSource as to such 11th Floor Space ('Landlord's 11th Floor Offer'), which Landlord's Offer shall provide that the proposed Base Rent Per Annum shall be the prevailing market rent, as determined by Landlord, may not be contiguous pursuant to the Premises, may consist Section 3.5(a) of multiple suites in the Building which are not contiguous to one another, and that the suites comprising the Available Space will be provided to Tenant only in their then existing demised rentable square foot increments, which may or may not equal precisely 5,000 rentable square feet. Further, Tenant hereby acknowledges that nothing contained herein shall be deemed to limit or preclude Landlord's right to actively market or lease the Building and to enter into any and all lease commitments with any party pertaining to the samethis Lease.

Available Space. The Provided that (a) there is not then in existence an Event of Default and (b) there have not been more than two (2) Events of Default during the period of the preceding two (2) years with respect to any obligations of Tenant under this Lease (including, without limitation the payment of any Rent under this Lease), 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, and (c) Tenant is then in occupancy of at least seventy percent (70%) of the Demised Premises 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, and provided further that the right and option of Tenant hereinafter granted shall be subject and subordinate to (i) the right of Landlord to lease the Available Space to initial tenant(s) thereof [solely pursuant to the initial lease(s) to such initial tenant(s) and any extension or renewal options contained in such initial lease] and (ii) the prior rights and options of all such initial tenants as to said Available Space, then solely during the period commencing on the date of expiration of the tenancy of each such initial Tenant and ending on the last day of the initial Term, Tenant shall have a right to receive from Landlord, an offer to lease the Available Space to Tenant on the terms set forth in Landlord's Offer, which offer shall be accepted or rejected at Tenant's option and which right shall be a one-time right as to each portion of the Available Space which is offered by Landlord to Tenant (or a one-time right as to all of the Available Space if it is offered by Landlord to Tenant in its entirety at one time). "Available Space" shall mean any means only that office space in which is contiguous to the Demised Premises and located on the ninth (9th) floor of the Building whichor that office space located on the tenth (10th) floor of the Building, in Landlord's determination in its sole discretionor both, as of said space may become available for lease after the date of initial leasing thereof by Landlord to another Tenant's Notice, (i) is not the subject of lease negotiations per a written lease proposal, (ii) is not in a shell condition, (iii) is not the subject of rights or interests conferred to other tenants' space, as contained in any lease, or otherwise, then in effect, including, without limitation, options or rights regarding renewal, extension or expansion, subleases or assignments, and (iv) has in its lease a relocation clause. Notwithstanding the foregoing to the contrary, Landlord agrees to use reasonable efforts to include a Landlord's relocation provision in all leases within the Building containing 5,000 or less rentable square feet; provided, however, that Tenant shall not have the right to lease any Available Space located on the tenth (10th) floor of the Building after the expiration of the seventh (7th) Lease Year of the initial Term unless Tenant simultaneously exercises its Renewal Option as to the entire Demised Premises (that is, the Demised Premises originally demised under this Lease and any other Available Space which has already been leased by Tenant, together with the Available Space located on the tenth (10th) floor of the Building which is the subject of the offer from Landlord) and simultaneously executes an amendment to this Lease with respect to the first (1st) Renewal Period; further provided, that if at the time that Tenant exercises such relocation clause shall be expressly contingent upon Landlord's ability right to relocate such tenant in lease Available Space on the tenth (10th) floor of the Building and if no space exists at simultaneously exercises its first Renewal Option, there is less than fifteen (15) months remaining in the time initial Term, then the procedures set forth in Paragraph 55 hereof for determining the Prevailing Market Rent for the Renewal Period shall commence fifteen (15) months prior to the expiration of Tenant's Notice, then, notwithstanding anything contained in this Paraxxxxx 00, Xxxxxxxx xxxll have no obligation to relocate any such tenants to create the initial Term. The Available Space for shall be offered to and accepted (if at all) by Tenant under this Paragraph 35. It is also understood on the terms and agreed that conditions set forth in Landlord's offer to Tenant as to such Available Space ("Landlord's Offer"), which may include an offer of all of the Available Space identified at one time or offers of portions of the Available Space in multiple offers made by Landlord's Notice shall be in a configuration and location , as determined by Landlord, may not be contiguous to the Premises, may consist of multiple suites Landlord in the Building which are not contiguous to one another, its sole and that the suites comprising the Available Space will be provided to Tenant only in their then existing demised rentable square foot increments, which may or may not equal precisely 5,000 rentable square feet. Further, Tenant hereby acknowledges that nothing contained herein shall be deemed to limit or preclude Landlord's right to actively market or lease the Building and to enter into any and all lease commitments with any party pertaining to the sameabsolute discretion.

Available Space. The term "Available Space" shall mean Provided that Tenant is not then in default and has not been in default more than once during the period of the preceding two (2) years with respect to the payment of Rent under this Lease, and there is then no uncured Event of Default and there have not been more than two (2) Events of Default during the period of the preceding two (2) years, with respect to any space in obligations of Tenant under this Lease other than the Building whichpayment of any Rent under this Lease, in Landlord's determination in its sole discretion, as of the date of Tenant's Notice, (i) is not the subject of lease negotiations per a written lease proposal, (ii) is not in a shell condition, (iii) is not the subject of rights or interests conferred to other tenants' space, as contained in any lease, or otherwise, then in effect, including, without limitation, options or rights regarding renewal, extension or expansion, subleases or assignments, and (iv) has in its lease a relocation clause. Notwithstanding the foregoing to the contrary, Landlord agrees to use reasonable efforts to include a Landlord's relocation provision in all leases within the Building containing 5,000 or less rentable square feet; provided, however, that any such relocation clause shall be expressly contingent upon Landlord's ability to relocate such tenant in the Building and if no space exists each case both at the time of TenantLandlord's NoticeOffer, thenas hereinafter defined, notwithstanding anything contained in this Paraxxxxx 00and at the time of the commencement of the Term as to the Available Space, Xxxxxxxx xxxll as hereinafter defined, and has not then subleased more than twenty percent (20%) of the rentable floor area comprising the Demised Premises 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, then solely during the period commencing on the first day of the fifth (5th) Lease Year and ending on the last day of the seventh (7th) Lease Year (the "Expansion Period"), Tenant shall have no obligation a one-time (as to relocate any such tenants each component of the Available Space) right to create receive from Landlord, not earlier than one (1) year, and at least ninety (90) days, prior to the date said Available Space for Tenant under this Paragraph 35. It is also understood and agreed that will become available prior to the next leasing of said Available Space by Landlord, an offer to lease the Available Space identified to Tenant on the terms set forth in Landlord's Notice Offer, which offer (i) shall be in a configuration and location not vary the terms of this Lease as determined by Landlord, may not be contiguous they apply to the Premises, may consist of multiple suites in the Building which are not contiguous to one another, and that the suites comprising the Available Space will be provided to Tenant only in their then existing demised rentable square foot increments, which may or may not equal precisely 5,000 rentable square feet. Further, Tenant hereby acknowledges that nothing contained herein shall be deemed to limit or preclude Landlord's right to actively market or lease the Building and to enter into any and all lease commitments with any party pertaining to the same.original

Available Space. The term "Available Space" Landlord shall mean make reasonable efforts to keep --------------- Tenant informed of any space in the Building whichand in the building known as 0000 Xxxxxxxx Xxxx, Xxxx Xxxxxx, Xxxxxxxxxx (the "Other Building") that becomes Available (as defined below) during the Term. Tenant, however, has no rights with respect to any space in the Building or the Other Building and Landlord's determination in its sole discretion, as failure to inform Tenant of the date Availability of Tenantany such space shall not give Tenant any rights against Landlord or prohibit or otherwise impair Landlord's Noticeleasing of any such space. As used herein, "Available" means that the space (i) is not part of the subject of lease negotiations per a written lease proposalPremises, (ii) is not in then subject to a shell conditionlease, (iii) is not the then subject to any rights of rights any tenant to renew their lease or interests conferred to other tenants' space, expand their premises as contained set forth in any their lease, or otherwise, then in effect, including, including without limitation, options or limitation any rights regarding renewal, extension or expansion, subleases or assignmentsof first offer, and (iv) has in its lease is not then subject to any negotiations between Landlord and a relocation clauseprospective tenant or an existing tenant. Notwithstanding The provisions of Paragraph 39 are applicable to this Paragraph. In the foregoing event Landlord ceases to own the Other Building, the Paragraph shall no longer apply to the contraryOther Building. LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN AND, Landlord agrees to use reasonable efforts to include a Landlord's relocation provision in all leases within the Building containing 5,000 or less rentable square feet; providedBY EXECUTION OF THIS LEASE, howeverSHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, that any such relocation clause shall be expressly contingent upon Landlord's ability to relocate such tenant in the Building and if no space exists at the time of Tenant's NoticeAT THE TIME THIS LEASE IS EXECUTED, then, notwithstanding anything contained in this Paraxxxxx 00, Xxxxxxxx xxxll have no obligation to relocate any such tenants to create Available Space for Tenant under this Paragraph 35. It is also understood and agreed that the Available Space identified in Landlord's Notice shall be in a configuration and location as determined by Landlord, may not be contiguous to the Premises, may consist of multiple suites in the Building which are not contiguous to one another, and that the suites comprising the Available Space will be provided to Tenant only in their then existing demised rentable square foot increments, which may or may not equal precisely 5,000 rentable square feet. Further, Tenant hereby acknowledges that nothing contained herein shall be deemed to limit or preclude Landlord's right to actively market or lease the Building and to enter into any and all lease commitments with any party pertaining to the sameTHE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LANDLORD AND TENANT WITH RESPECT TO THE PREMISES.