Continuing Right of First Offer to Lease Sample Clauses

Continuing Right of First Offer to Lease. Subject to Section 39 (d) (ii) (1) and (2) and (3), and the terms of this Section 39(d)(iii)(4), Tenant shall have a continuous right of first offer to lease any space in the Building that becomes available for lease after the first time that it is leased to a third party (“ROFO Space”). If any ROFO Space becomes available for lease during the last thirty-six (36) months of the Lease Term then in order to lease the ROFO Space Tenant must exercise its option to renew this Lease. Upon request from time-to-time, Landlord shall advise Tenant when spaces are anticipated to become available for lease, subject to any rights of renewal to tenants leasing the ROFO Space. When ROFO Space becomes available then before offering such space to third parties Landlord shall advise Tenant of the terms and condition under which Landlord will be marketing the ROFO Space, including but not limited to size and location of the ROFO Space, term, rental rate, base year for pass-throughs, improvement allowance and the like (“Landlord’s Notice”). The Landlord's ROFO Notice shall set forth the date (the "Planned ROFO Space Delivery Date") upon which Landlord would intend to deliver the ROFO Space to Tenant, which Planned ROFO Space delivery Date shall be no later than twelve (12) months after the date of delivery of Landlord's Notice. Tenant shall have ten (10) Business Days after receipt of Landlord’s Notice to notify Landlord if Tenant will lease the ROFO Space that is the subject of Landlord’s Notice. If Tenant responds affirmatively to Landlord’s Notice, then Tenant and Landlord will execute an amendment to this Lease that incorporates the applicable portion of the ROFO Space using the economic terms and conditions set forth in Landlord’s Notice; except that (i) as long as at least three (3) years remain on the term of this Lease the term of the ROFO Space shall be co-terminus with the Term or Extension Term as applicable; and (ii) unless otherwise agreed Tenants obligation to pay Basic Monthly Rent and Additional Rent for the portion of the ROFO Space leased shall begin on the date (the "ROFO Space Rent Commencement Date") which is one hundred twenty (120) days after the date Landlord delivers vacant possession of the ROFO Space to Tenant in broom clean condition with the prior occupant’s property removed there from; and (iii) if the term of the lease for the ROFO Space (as incorporated into this Lease) is shorter than the term set forth in Landlord’s Notice, then any allowance...