Common use of Right of First Opportunity Clause in Contracts

Right of First Opportunity. Provided no Event of Default then exists, Tenant will have the right of first opportunity ("Right of First Opportunity") to lease space that becomes available on the fourth (4th) floor of the Building. Landlord shall notify Tenant in writing when said space becomes available. Tenant will then have ten (10) business days to respond in writing of Tenant's intent to exercise this Right of First Opportunity. If Tenant fails to respond in said (10) day period, then Tenant will have waived this Right of First Opportunity for said space. Upon Landlord's receipt of Tenant's written acknowledgment to exercise said Right of First Opportunity, Landlord shall have ten (10) days to provide Tenant with the terms and conditions under which the Landlord would propose 34 to lease the space to Tenant, which terms and condition shall reflect what Landlord reasonably believes to be a market proposal for such space. Landlord and Tenant shall then have thirty (30) days to negotiate and agree to the terms and conditions. If Landlord and Tenant have not agreed to terms and conditions during said thirty (30) day period, then Landlord shall be allowed to lease said space to a third party. ADDITIONAL PROVISIONS

Right of First Opportunity. Provided no Event During the Term of Default then existsthe Lease, Tenant will shall have the a right of first opportunity to lease available space in the Building comprising 10,000 square feet or more prior to that space being offered to third parties for lease, on the terms set forth in this Section. If Landlord wishes to lease an available area in the Building and if that space is at least 10,000 square feet in size, Landlord shall first offer to lease that space (the "Right of First OpportunityOpportunity Space") to lease space Tenant for a ten year term at the rental rate(s) and tenant improvement terms that becomes available on the fourth (4th) floor of the BuildingLandlord is willing to accept from a third party. Tenant shall have 10 days within which to notify Landlord shall notify Tenant in writing when said space becomes available. Tenant will then have ten (10) business days to respond in writing of Tenant's intent to exercise this Right of First Opportunity. If Tenant fails to respond in said (10) day period, then Tenant will have waived this Right of First Opportunity for said space. Upon Landlord's receipt of Tenant's written acknowledgment to exercise said Right of First Opportunity, Landlord shall have ten (10) days to provide Tenant with the terms and conditions under which the Landlord would propose 34 that it elects to lease the space and to reach agreement with Landlord on all the terms, conditions and rental rate for the Opportunity Space. If the parties reach agreement on the terms (including commencement date), conditions and rental rate, Landlord shall prepare a lease containing those terms for Tenant's signature. If Tenant does not elect to lease the Opportunity Space or fails to execute the new lease within 3 days after presentation by Landlord, which terms then such right shall be deemed to have lapsed and condition shall reflect what Landlord reasonably believes be of no further force or effect as to be a market proposal for such spacethat notification by Landlord. Landlord and Tenant shall then have thirty (30) days may thereafter freely lease all or a portion of the Opportunity Space to negotiate and agree to the terms and conditionsany other party, at any time, on any terms, in Landlord's sole discretion. If Landlord and Tenant have not agreed to terms and conditions during said thirty (30) day period, then Landlord The right of first opportunity shall be allowed to lease said space to a third party. ADDITIONAL PROVISIONSnull and void if Tenant is in default under the Lease at the date Landlord would otherwise notify Tenant of Landlord's Offer or at any

Right of First Opportunity. Provided no Event If Tenant shall duly and faithfully perform all of Default then existsthe terms, covenants and conditions of the Lease and so long as Tenant has not notified Landlord of its desire to assign the Lease or sublet all or any portion of the Premises, Tenant will shall have the right of first opportunity ("Right of First Opportunity") to lease space that becomes available on the fourth (4th) third floor of the Building. Landlord shall notify Tenant in writing Building which is contiguous to the Premises if and when said such space becomes availableavailable for occupancy by other than the then existing occupant of such space upon the basic terms set forth in Landlord's notice described in the next sentence. Tenant will then have ten (10) business Said right of first opportunity shall be exercisable by written notice to Landlord within three days to respond in writing of following Tenant's intent to exercise this Right of First Opportunity. If Tenant fails to respond in said (10) day period, then Tenant being notified by Landlord that such space will have waived this Right of First Opportunity for said space. Upon Landlord's receipt of Tenant's written acknowledgment to exercise said Right of First Opportunity, Landlord shall have ten (10) days to provide Tenant with the terms and conditions under which the Landlord would propose 34 to lease the space to Tenantbe available, which notice shall set forth the basic terms and condition shall reflect what upon which Landlord reasonably believes is prepared to be a market proposal for offer such space. Landlord and Tenant shall then have thirty (30) days to negotiate and agree to the terms and conditions. If Landlord and Tenant have not agreed to terms and conditions during said thirty (30) day period, then Landlord shall be allowed to lease said space to a third party, except that Tenants' right with respect to such space on the third floor shall be subject to the leasing rights of Andexxxx Xxxsulting and the Fraternal Order of Police with respect thereto, for a term expiring on January 31, 1999 or, if Tenant has exercised its option to extend pursuant to paragraph R-5 below, January 31, 2004 or January 31, 2009, as the case may be. ADDITIONAL PROVISIONSIf Tenant duly exercises its right of first opportunity but Tenant does not sign and deliver to Landlord an amendment to this Lease prepared by Landlord for said space within three days after being furnished with same, then Tenant's right of first opportunity shall be null and void.

Right of First Opportunity. Provided no Event of Default then exists, Tenant will have In the right of first opportunity ("Right of First Opportunity") event that at any time during the Lease Term any space contiguous to lease space that becomes available the Premises on the fourth (4th) third floor of the Building. Building becomes available for lease, Landlord shall notify Tenant in writing when said and offer to lease such space becomes availablefor a period co-terminous with this Lease and at the rental rates and upon such other terms and conditions as are then being offered by Landlord to the general public for such space; provided, however, Landlord shall not be required to offer to lease any such space to Tenant unless this Lease is in full force and effect and Tenant is not in default hereunder. Tenant will then have ten (10) business days to respond in writing of Tenant's intent to exercise this Right of First Opportunity. If Tenant fails to respond in said (10) day period, then Tenant will have waived this Right of First Opportunity for said space. Upon Landlord's receipt of Tenant's written acknowledgment to exercise said Right of First Opportunity, Landlord shall have ten (10) days Business Days after receipt of such notice to provide Tenant with the terms and conditions under which the Landlord would propose 34 accept such offer to lease the space designated in Landlord’s notice (hereinafter referred to Tenant, which terms and condition as the “Expansion Space”) by delivering written notice of such acceptance to Landlord within such ten (10) Business Day period. Time shall reflect what Landlord reasonably believes to be a market proposal for such space. Landlord and Tenant shall then have thirty (30) days to negotiate and agree of the essence with respect to the terms time period set forth herein. In the event Tenant declines or fails to accept Landlord’s offer to lease the Expansion Space in the manner and conditions. If Landlord and Tenant have not agreed to terms and conditions during said thirty (30) day periodwithin the time period set forth herein, then Landlord shall be allowed the right of Tenant to lease said the Expansion Space designated in Landlord’s notice shall terminate and be null and void as to such space and Landlord, in its sole discretion, may thereafter lease such space to a any third party. ADDITIONAL PROVISIONSIf Tenant accepts Landlord’s offer to lease the Expansion Space in the manner and within the time period set forth herein, then the following terms and provisions shall apply: