Common use of Procedure for Acceptance Clause in Contracts

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer with respect to the space described in a First Offer Notice, then within seven (7) business days of delivery of such First Offer Notice to Tenant, Tenant shall deliver notice to Landlord of Tenant’s intention to exercise its right of first offer with respect to the entire space described in such First Offer Notice on the terms contained therein. If Tenant does not so notify Landlord within the seven (7) business day period, then Landlord shall be free to lease the space described in such First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires. Notwithstanding [Decipher Biosciences, Inc.] anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof. If Tenant does not exercise its right of first offer with respect to any space described in a First Offer Notice or if Tenant fails to respond to a First Offer Notice within seven (7) business days of delivery thereof, then Tenant’s right of first offer as set forth in this Section 1.3 shall terminate as to all of the space described in such First Offer Notice.

Appears in 2 contracts

Samples: Sorrento Highlands (Decipher Biosciences, Inc.), Sorrento Highlands (Decipher Biosciences, Inc.)

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Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer with respect to the space described in a the First Offer Notice, then within seven five (75) business days of delivery Tenant’s receipt of such the First Offer Notice to Tenant, Tenant shall deliver notice (the “First Offer Exercise Notice”) to Landlord of Tenant’s intention election to exercise its right of first offer with respect to the entire space described in such the First Offer Notice on the terms contained thereinin such notice, and upon, and concurrent with, such exercise, Tenant may, at its option, object to the First Offer Rent contained in the First Offer Notice, in which case the parties shall follow the procedure, and the Option Rent shall be determined, as set forth in Section 2.4, below. If Tenant does not so notify deliver the First Offer Exercise Notice to Landlord within the seven such five (75) business day period, then Landlord shall be free to lease the space described in such the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires. Notwithstanding [Decipher Biosciences, Inc.] anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof. If Tenant does not exercise its right of first offer with respect to any space described in a First Offer Notice or if Tenant fails to respond to a First Offer Notice within seven (7) business days of delivery thereof, then Tenant’s right of first offer as set forth in this Section 1.3 shall terminate as to all of the space described in such First Offer Notice.

Appears in 2 contracts

Samples: Office Lease (Connecture Inc), Office Lease (Connecture Inc)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer with respect to the space described in a the First Offer Notice, then within seven (7) business days of delivery of such the First Offer Notice to Tenant, Tenant shall deliver notice to Landlord of Tenant’s intention to exercise its right of first offer with respect to the entire space described in such the First Offer Notice on the terms contained thereinin such notice. If Tenant does not so notify Landlord within the seven (7) business day period, then Landlord shall be free to lease the space described in such the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires; provided, however, if, within six (6) months of delivery of any First Offer Notice, Landlord materially changes the configuration of the space being offered, Landlord shall again offer the space to Tenant as First Offer Space pursuant to this Section 8.1 if no Superior Right Holder desires to lease such space. Notwithstanding [Decipher Biosciences, Inc.] anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof. If Tenant does not exercise its right of first offer with respect to any space described in a First Offer Notice or if Tenant fails to respond to a First Offer Notice within seven (7) business days of delivery thereof, then Tenant’s right of first offer as set forth in this Section 1.3 shall terminate as to all of the space described in such First Offer Notice.

Appears in 1 contract

Samples: Office Lease (Internet Brands, Inc.)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer with respect to the space described in a the First Offer Notice, then within seven ten (710) business days of delivery of such the First Offer Notice to Tenant, Tenant shall deliver notice to Landlord of Tenant’s intention exercise of its right of first offer in respect to the space described in the First Offer Notice at the First Offer Rent and upon the terms contained in such notice. If Tenant does not exercise its right of first offer with respect to the entire space described in within such First Offer Notice on the terms contained therein. If Tenant does not so notify Landlord within the seven ten (710) business day period, then Landlord shall be free to lease the space described in such the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires, whereupon Tenant’s right of first offer shall terminate with respect to such First Offer Space. Notwithstanding [Decipher Biosciences, Inc.] anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof. If Tenant does not exercise its right of first offer with respect to any space described in a First Offer Notice or if Tenant fails to respond to a First Offer Notice within seven (7) business days of delivery thereof, then Tenant’s right of first offer as set forth in this Section 1.3 shall terminate as to all of the space described in such First Offer Notice.

Appears in 1 contract

Samples: Lease Agreement (Central Credit, LLC)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer with respect to the space described in a the First Offer Notice, then within seven ten (710) business days of delivery of such the First Offer Notice to Tenant, Tenant shall deliver notice to Landlord of Tenant’s intention election to exercise its right of first offer with respect to the entire space described in such the First Offer Notice on the terms contained thereinin such notice and this Section 1.3; provided, however, Tenant may, at its option, object to the First Offer Rent contained in the First Offer Notice, in which case the parties shall follow the procedure, and the First Offer Rent shall be determined, as set forth in Section 2.2.4, below. If Tenant does not so notify Landlord within the seven such ten (710) business day period, then Landlord shall be free to lease the space described in such the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires. Notwithstanding [Decipher Biosciences, Inc.] anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof. If Tenant does not exercise its right of first offer with respect to any space described in a First Offer Notice or if Tenant fails to respond to a First Offer Notice within seven (7) business days of delivery thereof, then Tenant’s right of first offer as set forth in this Section 1.3 shall terminate as to all of the space described in such First Offer Notice.

Appears in 1 contract

Samples: Office Lease (Docusign Inc)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer with respect to the space described in a the First Offer Notice, then within seven ten (710) business days of delivery of such the First Offer Notice to Tenant, Tenant shall deliver notice to Landlord (the “First Offer Exercise Notice”) of Tenant’s intention election to exercise its right of first offer with respect to the entire space described in such the First Offer Notice on the terms contained thereinin such notice and this Section 2.3, and upon, and concurrent with, such exercise, Tenant may, at its option, object to the First Offer Rent contained in the First Offer Notice, in which case the parties shall follow the procedure, and the Option Rent shall be determined, as set forth in Section 2.3.8, below. If Tenant does not so notify Landlord within timely deliver the seven (7) business day periodFirst Offer Exercise Notice, then Landlord shall be free to lease the space described in such the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires. Notwithstanding [Decipher Biosciences, Inc.] anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof. If Tenant does not exercise its right of first offer with respect to any space described in a First Offer Notice or if Tenant fails to respond to a First Offer Notice within seven (7) business days of delivery thereof, then Tenant’s right of first offer as set forth in this Section 1.3 shall terminate as to all of the space described in such First Offer Notice.

Appears in 1 contract

Samples: Office Lease Agreement (Esterline Technologies Corp)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s 's right of first offer with respect to the space described in a the First Offer Notice, then within seven ten (710) business days of delivery of such the First Offer Notice to Tenant, Tenant shall deliver notice to Landlord (the "First Offer Exercise Notice") of Tenant’s intention 's election to exercise its right of first offer with respect to the entire space described in such the First Offer Notice on the terms contained thereinin such notice. If Tenant does not so notify Landlord within the seven such ten (710) business day period, then Landlord shall be free to lease the space described in such the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires. Notwithstanding [Decipher Biosciences, Inc.] anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof. If Notwithstanding anything to the contrary, in connection with any First Offer Notice where the "First Offer Commencement Date," as that term is defined in Section 1.3.5 below, is anticipated by Landlord to occur on a date when less than two (2) full calendar years remain in the Lease Term, Tenant does not shall have no right to exercise its right of first offer with respect to any space described in a First Offer Notice or if Tenant fails to respond to a First Offer Notice within seven (7) business days of delivery thereof, then Tenant’s right of first offer as set forth in under this Section 1.3 shall terminate 1.3, unless, and to the extent, Tenant, concurrently and timely delivers the "Exercise Notice," as that term is defined in Section 2.2.3 below, electing to all of extend the space described in such First Offer Noticeinitial Lease Term, pursuant to Section 2.2.3 below.

Appears in 1 contract

Samples: Office Lease (Retrophin, Inc.)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s 's right of first offer with respect to the space described in a the First Offer Notice, then within seven (7) business days of delivery of such the First Offer Notice to Tenant, Tenant shall deliver notice to Landlord (the "First Offer Exercise Notice") of Tenant’s intention 's election to exercise its right of first offer with respect to the entire space described in such the First Offer Notice on the terms contained thereinin such notice. If Tenant does not so notify Landlord within the such seven (7) business day period, then Landlord shall be free to lease the space described in such the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires; provided, that prior to entering a lease with a third party tenant on economic terms which, on a net effective, present value basis, are more than 10% more favorable to the tenant than the Fundamental Terms contained in the First Offer Notice, Landlord shall first deliver a revised First Offer Notice to Tenant on such more favorable terms in accordance with the procedure set forth above and Tenant shall respond to any such “re-offer” within five (5) business days after delivery of such “re-offer” notice. Notwithstanding [Decipher Biosciences, Inc.] anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any in the particular timeFirst Offer Notice, and Tenant may not elect to lease only a portion thereof. If Tenant does not exercise its right of first offer with respect to any space described in a First Offer Notice or if Tenant fails to respond to a First Offer Notice within seven (7) business days of delivery thereof, then Tenant’s right of first offer as set forth in this Section 1.3 shall terminate as to all of the space described in such First Offer Notice.

Appears in 1 contract

Samples: Lease (Nkarta, Inc.)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right 's Right of first offer First Offer with respect to the space described in a First Offer Availability Notice, then within seven five (75) business days of delivery of such First Offer Availability Notice to Tenant, Tenant shall deliver notice to Landlord (a "First Offer Acceptance Notice") of Tenant’s intention to 's exercise its right of first offer the Right of First Offer with respect to the entire space described in such First Offer Availability Notice on the terms contained therein. If Tenant does not so notify Landlord deliver a First Offer Acceptance Notice within the seven five (75) business day period, then Landlord shall be free to lease the space described in such First Offer Availability Notice to anyone to whom Landlord desires on any terms Landlord desires. Notwithstanding [Decipher Biosciences, Inc.] anything to the contrary contained herein, Tenant must elect to exercise its right the Right of first offerFirst Offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof. If Tenant does not exercise its right the Right of first offer First Offer with respect to any the space described in a First Offer Availability Notice or if Tenant fails to respond to a First Offer Availability Notice within seven five (75) business days of delivery thereof, then Tenant’s right Txxxxx's Right of first offer First Offer as set forth in this Section 1.3 exhibit shall terminate as to all of the space described in such First Offer NoticeSpace.

Appears in 1 contract

Samples: Standard Office Lease (Auxilio Inc)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s 's right of first offer with respect to the space described in a the First Offer Notice, then within seven five (75) business days of (in the event the First Offer Notice pertains to space on the fourth (4th) floor) or three (3) business days (in the event the First Offer Notice pertains to space on the fifth (5th) floor) after delivery of such the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s intention to 's exercise of its right of first offer with respect to the entire space described in such the First Offer Notice on Notice, and the terms contained thereinFirst Offer Economic Terms shall be as set forth in the First Offer Notice. If Tenant does not so notify Landlord unconditionally exercise its right of first offer within the seven (7) business day applicable time period, then Landlord shall be free to lease the space described in such the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desiresdesires and Tenant's right of first offer shall terminate as to the First Offer Space described in the First Offer Notice but shall be deemed reinstated upon the expiration or sooner termination of any lease for such First Offer Space entered into by Landlord and a third party tenant. Notwithstanding [Decipher Biosciences, Inc.] anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof. If Tenant does not exercise its right of first offer with respect to any space described in a First Offer Notice or if Tenant fails to respond to a First Offer Notice within seven (7) business days of delivery thereof, then Tenant’s right of first offer as set forth in this Section 1.3 shall terminate as to all of the space described in such First Offer Notice.

Appears in 1 contract

Samples: Basic Lease Information (Achaogen Inc)

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Procedure for Acceptance. If Tenant wishes to exercise Tenant’s Xxxxxx's right of first offer with respect to the space described in a the First Offer Notice, then within seven (7) business days of after delivery of such the First Offer Notice to Tenant, Tenant shall deliver notice to Landlord of Tenant’s intention 's election to exercise its right of first offer with respect to the entire space described in such the First Offer Notice on the terms contained thereinin the First Offer Notice. If Tenant does not so notify Landlord within the seven (7) business day period, then Landlord shall be free to lease the space described in such the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires, provided that, prior to entering into a lease on net economic terms (including all required payments, economic concessions, and allowances to be provided and the length of the prospective term), calculated on a present value basis, that are more than 5% more favorable to the proposed tenant than those set forth in the First Offer Notice, Landlord shall be required to first re-offer such space to Tenant on such reduced terms, in accordance with this Section 1.3. Notwithstanding [Decipher Biosciences, Inc.] anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof. If Tenant does not exercise its right of first offer with respect to any space described in a First Offer Notice or if Tenant fails to respond to a First Offer Notice within seven (7) business days of delivery thereof, then Tenant’s right of first offer as set forth in this Section 1.3 shall terminate as to all of the space described in such First Offer Notice.

Appears in 1 contract

Samples: Lease (Myriad Genetics Inc)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s 's right of first offer with respect to the space described in a the First Offer Notice, then within seven (7) business days of delivery of such the First Offer Notice to Tenant, Tenant shall deliver notice to Landlord (the "First Offer Exercise Notice") of Tenant’s intention 's election to exercise its right of first offer with respect to the entire space described in such the First Offer Notice on the terms contained thereinin such notice. If Tenant does not so notify Landlord within the such seven (7) business day period, then Landlord shall be free to lease the space described in such the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires; provided, that prior to entering a lease with a third party tenant on economic terms which, on a net effective, present value basis, are more than 7% more favorable to the tenant than the terms contained in the First Offer Notice, Landlord shall first deliver a revised First Offer Notice to Tenant on such more favorable terms in accordance with the procedure set forth above. Notwithstanding [Decipher Biosciences, Inc.] anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof. If Tenant does not exercise its right of first offer with respect to any space described in a First Offer Notice or if Tenant fails to respond to a First Offer Notice within seven (791223.03/WLA 186772-00003/3-7) business days of delivery thereof-19/gjn/gjn -5- [Edgewater Business Park] [Allogene Therapeutics, then Tenant’s right of first offer as set forth in this Section 1.3 shall terminate as to all of the space described in such First Offer Notice.Inc.]

Appears in 1 contract

Samples: Edgewater Business Park (Allogene Therapeutics, Inc.)

Procedure for Acceptance. If Tenant wishes to exercise ------------------------ Tenant’s 's right of first offer with respect to the space applicable full floor First Offer Space described in a the First Offer Notice, then within seven ten (710) business days of delivery Tenant's receipt of such the applicable First Offer Notice to TenantNotice, Tenant shall deliver written notice to Landlord of Tenant’s intention ("TENANT'S ELECTION NOTICE") pursuant to exercise which Tenant shall elect either to: (i) lease the entire First Offer Space described in the First Offer Notice at the First Offer Rent and upon the terms contained in such notice; or (ii) refuse to lease the First Offer Space, specifying that Tenant is not interested in exercising its right of first offer with respect to the entire space described in for such First Offer Notice on the terms Space, in which event Tenant's right of first offer contained therein. If Tenant does not so notify Landlord within the seven (7) business day period, then in this Section 1.4 shall terminate and be of no further force or effect and Landlord shall be free to lease the space described in such First Offer Notice Space or any portion thereof to anyone to whom Landlord desires on any terms Landlord desires. Notwithstanding [Decipher Biosciences, Inc.] anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof. If Tenant does not exercise notify Landlord of its right election of first offer with respect to any space described in a First Offer Notice or if Tenant fails to respond to a First Offer Notice within seven (7) business days of delivery thereof, then Tenant’s right of first offer as set forth in this Section 1.3 shall terminate as to all of the space described options in such First Offer Noticeclauses (i) or (ii) hereinabove, Tenant shall be deemed to have elected the option in clause (ii).

Appears in 1 contract

Samples: Office Lease (Homestore Com Inc)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s 's right of first offer with respect to the space described in a the First Offer Notice, then within seven five (75) business days of after delivery of such the First Offer Notice to Tenant, Tenant shall deliver notice ("ROFO Exercise Notice") to Landlord of Tenant’s intention to 's exercise of its right of first offer with respect to the entire space described in such the First Offer Notice on the terms contained thereinNotice. If Tenant does not so notify Landlord exercise its right of first offer within the seven five (75) business day periodperiod (on all of the First Offer Economic Terms), then Landlord shall be free to lease the space described in such the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desiresand Tenant's right of first offer with respect to such First Offer Space shall, notwithstanding anything in this Lease to the contrary (but subject to Section 1.5.4 below), automatically terminate and this Section 1.5 shall be deemed null and void and of no further force or effect. Notwithstanding [Decipher Biosciences, Inc.] anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space comprising the First Offer Space offered by Landlord to Tenant at any particular timetime (including any space in the Project which is not part of the First Refusal Space), and Tenant may not elect to lease only a portion thereof. If Tenant does not exercise its right of first offer with respect to any space described in a First Offer Notice or if Tenant fails to respond to a First Offer Notice within seven (7) business days of delivery thereof, then Tenant’s right of first offer as set forth in this Section 1.3 shall terminate as to all of the space described in such First Offer Notice.

Appears in 1 contract

Samples: Attornment Agreement (Janux Therapeutics, Inc.)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer its First Offer Right with respect to the space described in a the First Offer Notice, then within seven ten (710) business days of delivery of such the First Offer Notice to Tenant, Tenant shall deliver notice to Landlord of Tenant’s intention election to exercise its right of first offer First Offer Right with respect to the entire space described in such the First Offer Notice on the terms contained thereinin such notice. If Tenant does not so notify Landlord within the seven ten (710) business day period, then Landlord shall be free to lease the space described in such the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires. Notwithstanding [Decipher Biosciencesthe foregoing, Inc.] prior to leasing such space to a third party on net economic terms which are more than seven and one-half percent (7.5%) more favorable to a tenant than those contained in the First Offer Notice, Landlord shall first deliver another First Offer Notice to Tenant on such more favorable terms. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offerFirst Offer Right, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof. If Tenant does not exercise its right of first offer with respect to any space described in a First Offer Notice or if Tenant fails to respond to a First Offer Notice within seven (7) business days of delivery thereof, then Tenant’s right of first offer as set forth in this Section 1.3 shall terminate as to all of the space described in such First Offer Notice.

Appears in 1 contract

Samples: Lease (Cytokinetics Inc)

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