First Offer Space. Subject to the terms and conditions set forth in this Paragraph 58, effective beginning December 1, 2020 Tenant shall have an ongoing right of first offer (“Right of First Offer”) to lease space within the Project that consists ten thousand (10,000) or more contiguous rentable square feet (a “First Offer Space”), if and when any such First Offer Space becomes available for lease to third parties. For purposes of this Paragraph 58, the First Offer Space shall be “available for lease to third parties” if such space becomes vacant and (i) Landlord is free to lease such space to the general public, unencumbered by any renewal rights, expansion rights, rights of first offer or other similar rights of other tenants in the Building that are contained in existing leases as of the Lease Date, and (ii) the First Offer Space will not be occupied by Landlord or Landlord’s property manager (all of the foregoing are herein referred to as “Superior Rights”). Landlord shall have no obligation to offer the First Offer Space to Tenant, and Tenant shall have no right to lease the First Offer Space pursuant to this Paragraph, until all of the Superior Rights have expired or are otherwise terminated. Nothing contained in this Paragraph 58 shall be deemed to impose any obligation on Landlord to refrain from negotiating with an existing tenant or subtenant of the First Offer Space in order to make the First Offer Space available to Tenant. In addition, Landlord shall have no obligation to offer the First Offer Space to Tenant if the First Offer Space does not become available for lease to third parties during the final nine (9) months of the Term )as may be extended).
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Sources: Lease Agreement (10x Genomics, Inc.), Lease Agreement (10X Genomics, Inc.)
First Offer Space. Subject to the terms and conditions set forth in this Paragraph 5860, effective beginning December 1, 2020 Tenant shall have an ongoing right of first offer (“"Right of First Offer”") to lease space within the Project that consists consisting of more than ten thousand (10,000) or more contiguous rentable square feet located in that certain building (the “6210 Building”) in the Project with an address of 6210 Stoneridge Mall Road (a “"First Offer Space”"), if and when any such First Offer Space becomes available for lease to third parties. For purposes of this Paragraph 5860, the First Offer Space shall be “"available for lease to third parties” " if such space becomes vacant and (i) Landlord is free to lease such space to the general public, unencumbered by any renewal rights, expansion rights, rights of first offer or other similar rights of other tenants in the 6210 Building that are contained in pursuant to the leases of such other tenants existing leases as on the date of the Lease Date, Date and (ii) Landlord intends to market the First Offer Space to the general public (i.e., the First Offer Space will not be occupied by Landlord or Landlord’s 's property manager manager, or by the existing tenant or subtenant of the First Offer Space, provided the extension of the existing tenant or subtenant is pursuant to an express written provision in such tenant's lease in effect as of the Lease Date and without regard to whether such renewal is characterized by the parties thereto as a "renewal" or as a "new lease") (all of the foregoing are herein referred to as “"Superior Rights”"). Landlord shall have no obligation to offer the First Offer Space to Tenant, and Tenant shall have no right to lease the First Offer Space pursuant to this ParagraphParagraph 59(a), until all of the Superior Rights have expired or are otherwise waived or terminated. Nothing contained in this Paragraph 58 60(a) shall be deemed to impose any obligation on Landlord to refrain from negotiating with an the existing tenant or subtenant of the First Offer Space in order to make the First Offer Space available to Tenant. In addition, Landlord shall have no obligation to offer the First Offer Space to Tenant if the First Offer Space does not become available for lease to third parties during the final nine first seventy-eight (978) months of after the Term )as may be extended)Commencement Date.
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First Offer Space. Subject to Landlord and Tenant hereby acknowledge and agree that the terms Additional Premises consists of a portion of the overall First Offer Space described in Section 30 of the Lease, and conditions set forth in this Paragraph 58, effective beginning December 1, 2020 Tenant shall have an ongoing right of it is hereby further agreed that T▇▇▇▇▇’s first offer (“Right rights under Section 30 of First Offer”) to lease space within the Project Lease shall continue in full force from and after the date of this Amendment, except that consists ten thousand (10,000) or more contiguous rentable square feet (a the “First Offer Space”,” as defined in the opening paragraph of Section 30 of the Lease, shall hereafter mean that certain space located on the 9th floor of the Building known as “Suite 940” and consisting of 29,880 Rentable Square Feet (being the remaining space on the 9th floor of the Building which has not heretofore been leased). Further, if and when any such First Offer Space becomes available for lease to third parties. For purposes it is hereby stipulated by the parties that the terms of this Paragraph 58Amendment governing the Additional Premises meet all requirements of Section 30 of the Lease, and it is agreed that the First Offer Space terms governing the Additional Premises shall be “available for lease to third parties” if such space becomes vacant governed solely by the terms of this Amendment and (i) Landlord is free to lease such space the terms of the Lease, as amended hereby, all notwithstanding anything to the general public, unencumbered by any renewal rights, expansion rights, rights of first offer or other similar rights of other tenants contrary that may be set forth in the Building that are contained in existing leases as Section 30 of the Lease Date(and, and (ii) accordingly, for the First Offer Space will not be occupied by Landlord avoidance of doubt, as it relates to the Additional Premises being leased hereunder, in the event of any conflict or Landlord’s property manager (all inconsistency between the terms set forth in Section 30 of the foregoing are herein referred to as “Superior Rights”). Landlord Lease and the terms of this Amendment, the terms of this Amendment shall have no obligation to offer the First Offer Space to Tenant, govern and Tenant shall have no right to lease the First Offer Space pursuant to this Paragraph, until all of the Superior Rights have expired or are otherwise terminated. Nothing contained in this Paragraph 58 shall be deemed to impose any obligation on Landlord to refrain from negotiating with an existing tenant or subtenant of the First Offer Space in order to make the First Offer Space available to Tenant. In addition, Landlord shall have no obligation to offer the First Offer Space to Tenant if the First Offer Space does not become available for lease to third parties during the final nine (9) months of the Term )as may be extendedcontrol).
Appears in 1 contract
Sources: Lease (Vivid Seats Inc.)