Common use of Right of First Opportunity Clause in Contracts

Right of First Opportunity. Provided Tenant has fully and timely performed all of its obligations hereunder, at any time that space adjacent to the Premises on the second floor becomes available for lease after initially having been leased to and occupied by a third party (the “Option Space”), Tenant shall have a right of first opportunity to lease the Option Space (in whole, not in part). When Option Space becomes available, Landlord shall notify Tenant of the size, location and estimated date of availability of the Option Space and the terms on which Landlord is interested in leasing the space. Tenant shall have 5 business days after receipt of Landlord’s notice to notify Landlord whether or not Tenant is interested in leasing the Option Space. If Tenant notifies Landlord that it is interested within that time period, Landlord will negotiate in good faith with Tenant for the next 7 business days to reach agreement on a lease or lease amendment for the Option Space. If the parties are not able to reach agreement and sign a lease or lease amendment for the Option Space within that 7 business day period, Landlord shall be free to lease the space to any other party. This Right of First Opportunity is subject to all rights granted to other tenants as of the date hereof. Similarly, the Option Space shall not be considered available if the then current tenant of that space wishes to remain there via exercise of a renewal right or by negotiation with Landlord.

Right of First Opportunity. Provided that Tenant has fully and timely performed all of its obligations hereunder, at any time that space adjacent to the Premises on the second floor becomes available for lease after initially having been leased to and occupied by a third party (the “Option Space”), Tenant shall have a right of first opportunity to lease the Option Space (in whole, not in part). , When the Option Space becomes available, Landlord shall notify Tenant of the size, location and estimated date of availability details of the Option Space and the terms on which Landlord is interested in leasing the spacewilling to lease it. Tenant shall have 5 business days after receipt of Landlord’s notice to notify Landlord whether or not that Tenant is interested in leasing elects to lease the Option SpaceSpace on those terms. If Tenant notifies Landlord that it is interested within that time periodwishes to lease the space, Landlord will negotiate in good faith with Tenant for the next 7 business days to reach agreement on shall prepare either a new lease or lease amendment for the Option Space. If the parties are not able to reach agreement and sign a lease or lease amendment for the Option Space or an amendment to this Lease for the Option Space and Tenant must execute and return the document to Landlord within that 7 business day period, Landlord 5 days after receipt or Tenant shall be free deemed to lease have withdrawn its exercise of the space to any other partyright of first opportunity. This Right right of First Opportunity first opportunity is (a) personal to Tenant and may not be exercised by any subtenant or assignee of Tenant, and (b) subject to all rights granted to other tenants as of the date hereof. Similarly, the Option Space shall not be considered available if the then current tenant of that space wishes to remain there via exercise of a renewal right or by negotiation with Landlord.

Right of First Opportunity. Provided Tenant has fully and timely performed all of its obligations hereunder, at any time that space adjacent to the Premises on the second floor becomes available for lease after initially having been leased to and occupied by a third party (the “Option Space”), Tenant shall have a right of first opportunity to lease available space in the building (“Option Space (in whole, not in part)Space”) for either an expansion or a relocation of their Premises. When Option Space becomes available, Landlord shall notify Tenant of the size, location and estimated date of availability details of the Option Space and the terms on which Landlord is interested in leasing the spacewilling to lease it. Tenant shall have 5 10 business days after receipt of Landlord’s notice to notify Landlord whether or not that Tenant is interested in leasing elects to lease the Option SpaceSpace on those terms. If Tenant notifies Landlord that it is interested within that time periodwishes to lease the space, Landlord will negotiate in good faith with Tenant for the next 7 business days to reach agreement on shall prepare either a new lease or lease amendment for the Option Space. If the parties are not able to reach agreement and sign a lease or lease amendment for the Option Space or an amendment to this Lease for the Option Space and Tenant must execute and return the document to Landlord within that 7 business day period, Landlord days after receipt or Tenant shall be free deemed to lease have withdrawn its exercise of the space to any other partyright of first opportunity. This Right right of First Opportunity first opportunity is subject to all rights granted to other tenants as of the date hereof. Similarly, the Option Space shall not be considered available if the then current tenant of that space wishes to remain there via exercise of a renewal right or by negotiation with Landlord.

Right of First Opportunity. Provided Tenant has fully and timely performed all Throughout the term of its obligations hereunder, at any time that space adjacent to the Premises on the second floor becomes available for lease after initially having been leased to and occupied by a third party (the “Option Space”)this Sublease, Tenant shall have a the continuing right of first opportunity to lease available space, leased by Landlord from Master Landlord, in the Option Space Building. Whenever any such space (in whole, the “ROFO Space”) becomes available (which availability shall not in part). When Option Space becomes available, include space for which a current tenant has a renewal right) Landlord shall notify Tenant in writing of the sizespecific available space, location and estimated date of availability of the Option Space and the base rental, tenant finish allowance, expense stop, length of primary term, estimated commencement date, length of any extension options to extend and any other material and/or economic terms (the “Material Terms”) on which Landlord is interested in leasing intends to lease the spaceROFO Space. Landlord’s notice to Tenant shall constitute an offer to lease the ROFO Space to Tenant on such terms. Tenant shall have 5 business thirty (30) days after from receipt of Landlord’s notice to notify accept or reject the offer. Unless Tenant delivers written notice of acceptance to Landlord whether or not within the thirty (30) day period, Tenant is interested in leasing shall be deemed to have rejected the Option Spaceoffer. If Tenant notifies Landlord that it rejects, or is interested within that time perioddeemed to have rejected, Landlord will negotiate in good faith with Tenant for the next 7 business days to reach agreement on a lease or lease amendment for the Option Space. If the parties are not able to reach agreement and sign a lease or lease amendment for the Option Space within that 7 business day periodoffer, Landlord shall be free have the right to lease the space ROFO Space in its sole discretion. If Tenant delivers timely written notice of acceptance of Landlord’s offer to any other partylease the ROFO Space, Landlord shall lease the ROFO Space to Tenant on the Material Terms applicable to such ROFO Space. This Right of First Opportunity is subject to all rights Any right granted to other tenants Tenant in this Section 11.8 shall be subject to, both as of to the date hereof. Similarlyright itself and to the offer at the time it is made, the Option Space shall not be considered available if the then current tenant consent of that space wishes to remain there via exercise of a renewal right or by negotiation with Master Landlord.

Right of First Opportunity. Provided Tenant has fully Before and timely performed all of its obligations hereunder, at any time that space adjacent to during the Premises on the second floor becomes available for lease after initially having been leased to and occupied by a third party (the “Option Space”)Lease Term, Tenant shall have a right of first opportunity (each, a "Right of First Opportunity") to lease rentable area in Building B before it is leased and as portions of it become available from time to time upon the Option expiration or termination of a lease to another tenant (each such portion being referred to herein as an "Additional Space") on such terms and conditions that Landlord is prepared to accept in view of market conditions at the time for comparable space in projects like the Project. Before entering into a lease for Additional Space (in whole, not in part). When Option and when Landlord has reason to believe Additional Space becomes will become available, Landlord shall notify Tenant of give written notice thereof to Tenant. The notice shall contain a proposal to add the size, location Additional Space to the leased Premises and estimated date of availability of to otherwise amend the Option Space Lease provision relating to Fixed Rent and such other provisions as Landlord proposes in connection with the terms on which Landlord is interested in leasing the spaceAdditional Space. Tenant shall thereafter have 5 10 business days after receipt of Landlord’s in which to deliver notice to notify Landlord whether or not Tenant is interested in leasing the Option Space. If Tenant notifies Landlord indicating that it is interested will or will not lease the Additional Space on the terms set forth in Landlord's notice. Tenant's failure to deliver such notice to Landlord within that time periodsuch 10-day period shall be deemed to be a rejection, Landlord will negotiate in good faith with Tenant for the next 7 business days to reach agreement on a lease or lease amendment for the Option Space. If the parties are not able to reach agreement and sign a lease or lease amendment for the Option Space within that 7 business day period, Landlord shall be free to lease the space to any other partyAdditional Space as it sees fit. This The Right of First Opportunity is subject shall apply only with respect to all rights granted to other tenants as of the date hereof. Similarlyan entire Additional Space, the Option Space shall and may not be considered available if the then current tenant exercised with respect to only a portion of that space wishes to remain there via exercise of a renewal right or by negotiation with Landlordit.

Right of First Opportunity. Provided Tenant has fully and timely performed all If, during the Term hereof, additional space of its obligations hereunder, at any time that space adjacent to the Premises Sublandlord on the second first floor of the Building becomes available for lease after initially having been leased and Sublandlord determines to and occupied by a third party re-sublease all or part of same, or Sublandlord determines to sublease all or part of Sublandlord’s space in the Park View Building (collectively, the “Option Right of First Opportunity Space”), Tenant Sublandlord shall have a right notify Subtenant of first opportunity the Base Monthly Rent at which Sublandlord is willing to lease the Option Space offered Right of First Opportunity Space. If Subtenant elects, by written notice to Sublandlord within five (in whole, not in part). When Option Space becomes available, Landlord shall notify Tenant of the size, location and estimated date of availability of the Option Space and the terms on which Landlord is interested in leasing the space. Tenant shall have 5 5) business days after receipt of LandlordSublandlord’s notice to notify Landlord whether or not Tenant is interested in leasing the Option Space. If Tenant notifies Landlord that it is interested within that time periodnotice, Landlord will negotiate in good faith with Tenant for the next 7 business days to reach agreement on a lease or lease amendment for the Option Space. If the parties are not able to reach agreement and sign a lease or lease amendment for the Option Space within that 7 business day period, Landlord shall be free to lease the space to any other party. This offered Right of First Opportunity Space for such Base Monthly Rent, such Right of First Opportunity Space shall be leased to Subtenant pursuant to this Sublease at the specified Base Monthly Rent commencing at such date as the parties shall mutually agree and in no event later than the date which is thirty (30) days from the date of Subtenant’s notice of exercise hereunder, subject to Landlord’s approval. Sublandlord and Subtenant shall promptly execute an amendment to this Sublease reflecting the addition of such Right of First Opportunity Space to the Premises (and redefining the Building to include the Park View Building, if applicable) and the Base Monthly Rent applicable thereto. If Subtenant does not timely exercise its rights hereunder, Sublandlord may lease the Right of First Opportunity Space to third parties for an amount equal to or greater than the Base Monthly Rent specified in Sublandlord’s notice. In no event shall Subtenant have the right to lease less than all rights granted to other tenants as of the date hereof. Similarly, the Option Right of First Opportunity Space shall not be considered available if the then current tenant of that space wishes to remain there via exercise of a renewal right or offered by negotiation with LandlordSublandlord.

Right of First Opportunity. Provided Landlord shall provide Tenant has fully and timely performed all with a Right of its obligations hereunderFirst Opportunity, at any time that space adjacent subject to the Premises on existing Right of First Information in favor of Data Dimensions, Stamps.com Right of First Offer or Renewal in favor of EartxXxxx, xxginning in the second floor 13th month of the Lease Term. In the event additional space becomes available for lease after initially having been leased to and occupied by a third party (the “Option Space”), Tenant shall have a right of first opportunity to lease the Option Space (in whole, not in part). When Option Space becomes availablelease, Landlord shall notify provide Tenant of the size, location and estimated date with notice of availability of the Option Space to lease and the terms on which Landlord is interested in leasing the spacedate thereof. Tenant shall have 5 ten (10) business days after from receipt of Landlord’s notice to notify Landlord whether or not Tenant is interested exercise Right of First Offer in leasing the Option Spacewriting to Landlord. If Tenant notifies Landlord that it is interested within that time perioddoes not respond in writing to Landlord, Landlord will negotiate in good faith with Tenant for the next 7 business days to reach agreement on a lease or lease amendment for the Option Space. If the parties are not able to reach agreement and sign a lease or lease amendment for the Option Space within that 7 business day period, Landlord shall be free to lease the space to any other party. This this Right of First Opportunity shall be deemed waived for the said space for a period of one (1) year, or until said space becomes available again (to be no sooner than six months). If Tenant does respond and does wish to lease the space, terms and conditions for space leased under this option shall be consistent with terms and conditions for comparable space in the Bellevue area at then prevailing market rents. Should Tenant and Landlord not come terms for the option space within thirty (30) days after Landlord's receipt of Tenant's notice, then rent shall be determined by arbitration using the same procedures described in Exhibit G of these Lease. Tenant may not exercise this option if Tenant is subject to all rights granted to other tenants as of the date hereof. Similarly, the Option Space shall not be considered available if the then current tenant of that space wishes to remain there via exercise of a renewal right or by negotiation with Landlordin default under this lease.