Common use of RIGHT TO LEASE ADDITIONAL SPACE Clause in Contracts

RIGHT TO LEASE ADDITIONAL SPACE. So long as (i) there then exists no Default of Tenant, (ii) the Tenant named in Section 1.1 of this Lease (or any successor by merger) and/or any Affiliate shall occupy the entire Premises, and (iii) this Lease is still in full force and effect, then if any space in the building located at 0000 Xxxxxxx Xxxxx, Xxx Xxxxx, XX shall become available for lease by Landlord, Landlord shall so notify Tenant, and shall identify the space available (the "Offered Space") and the date on which such Offered Space is expected to be available, and Tenant may, by giving notice to Landlord within ten (10) days after receipt of such notice, irrevocably elect to lease the Offered Space on the terms of this Section 2.5. If Tenant shall have so elected to lease the Offered Space, it shall enter into an amendment to this Lease within ten (10) days after it shall have received the same from Landlord, confirming the lease of such Offered Space to Tenant pursuant to the terms hereof, such amendment to be in a commercially reasonable form prepared by Landlord. If Tenant shall not elect to lease the Offered Space within the aforesaid 10-day period, then Landlord shall thereafter be free to lease any or all of such Offered Space to a third party or parties from time to time on such terms and conditions as it may deem appropriate. Tenant shall lease the Offered Space subject to all of the terms, covenants and agreements of this Lease in effect from and after the date on which the Offered Space becomes a part of the Premises, except that (i) the Annual Fixed Rent for the Offered Space shall be the Market Rate for the Offered Space, (ii) Tenant's Percentage shall be adjusted to reflect the expansion of the Premises to include the Offered Space, and (iii) if the Offered Space shall become available for lease as of a date on which there are less than three (3) years remaining in the term of this Lease (excluding any unexercised option to extend), then the term with respect to the Offered Space shall be the term for which Landlord intends to offer such space to third parties (which need not be co-terminus with that applicable to the Premises then demised to Tenant under the Lease). Landlord shall designate the Market Rate and, if applicable, the term for the Offered Space, in Landlord's notice to Tenant of the availability of the Offered Space. If Tenant shall elect to lease the Offered Space but shall disagree with Landlord's designation of the Market Rate, then Tenant shall so notify Landlord of such disagreement in Tenant's notice electing to lease the Offered Space, otherwise the Market Rate for the Offered Space shall be as designated by Landlord. If Tenant disagrees timely with Landlord's designation of the Market Rate for the Offered Space and the parties cannot agree upon the Market Rate within ten (10) days after Tenant's notice, the Market Rate for the Offered Space shall be determined in the manner provided in Section 2.3. Subject to Landlord's obligations under Article 5, Tenant shall lease the Offered Space in "as is" condition, and Landlord shall not be required to construct any leasehold improvements to the Offered Space or to provide Tenant with any financial contribution for such purpose. Landlord and Tenant agree that time shall be of the essence of this Section 2.5. The provisions of this Section 2.5 shall not apply, and space shall not be deemed "available for lease" hereunder, if Landlord shall intend either (a) to enter into a lease of such space to any party pursuant to the terms of a lease in effect as of the Date of this Lease or to any entity controlling, controlled by or under common control with Landlord, or (b) to renew or extend the lease with (or grant a new lease to) the entity (or any party affiliated with such entity) then occupying such space.

RIGHT TO LEASE ADDITIONAL SPACE. So long as (i) there then exists no Default of Tenant, (ii) the Tenant named in Section 1.1 of this Lease (or any successor by merger) and/or any Affiliate shall occupy the entire Premises, and (iii) this Lease is still in full force and effecteffect (or Landlord, in its sole discretion, shall waive any such condition(s)), then if any space in Xxxxx 000 xxx/xx Xxxxx 000 of the building located at 0000 Xxxxxxx Xxxxx, Xxx Xxxxx, XX Building shall become available for lease by Landlord, Landlord shall so notify TenantTenant (the “Availability Notice”), and shall identify the space which of said Suites is then available (the "“Offered Space"”) and the date on which such Offered Space is expected to be available, and Tenant may, by giving notice to Landlord within ten (10) days after receipt of such notice, irrevocably elect to lease the Offered Space on the terms of this Section 2.5. If Tenant shall have so elected to lease the Offered Space, it shall enter into an amendment to this Lease within ten (10) days after it shall have received the same from Landlord, confirming the lease of such Offered Space to Tenant pursuant to the terms hereof, such amendment to be in a commercially reasonable form prepared by Landlord. If Tenant shall not elect to lease the Offered Space within the aforesaid 10-day period, then Landlord shall thereafter be free to lease any or all of such Offered Space to a third party or parties from time to time on such terms and conditions as it may deem appropriate. Tenant’s exercise or failure to exercise its rights hereunder with respect to one Suite (116 or 124, as applicable) shall not affect its rights hereunder with respect to the other Suite until Landlord shall have given Tenant an Availability Notice with respect to such other Suite. Tenant shall lease the Offered Space subject to all of the terms, covenants and agreements of this Lease in effect from and after the date on which the Offered Space becomes a part of the Premises, except that (i) the Annual Fixed Rent for the Offered Space shall be the Market Rate for the Offered Space, (ii) Tenant's ’s Percentage shall be adjusted to reflect the expansion of the Premises to include the Offered Space, and (iii) if the Offered Space shall become available for lease as of a date on which there are less than three (3) years remaining in the term of this Lease (excluding any unexercised option to extend), then the term with respect to the Offered Space shall be the term for which Landlord intends to offer such space to third parties (which need not be co-terminus with that applicable to the Premises then demised to Tenant under the Lease). Landlord shall designate the Market Rate and, if applicable, the term for the Offered Space, in Landlord's ’s notice to Tenant of the availability of the Offered Space. If Tenant shall elect to lease the Offered Space but shall disagree with Landlord's ’s designation of the Market Rate, then Tenant shall so notify Landlord of such disagreement in Tenant's ’s notice electing to lease the Offered Space, otherwise the Market Rate for the Offered Space shall be as designated by Landlord. If Tenant disagrees timely with Landlord's ’s designation of the Market Rate for the Offered Space and the parties cannot agree upon the Market Rate within ten (10) days after Tenant's ’s notice, the Market Rate for the Offered Space shall be determined in the manner provided in Section 2.3. Subject to Landlord's ’s obligations under Article 5, Tenant shall lease the Offered Space in "“as is" ” condition, and Landlord shall not be required to construct any leasehold improvements to the Offered Space or to provide Tenant with any financial contribution for such purpose. Landlord and Tenant agree that time shall be of the essence of this Section 2.5. The provisions of this Section 2.5 shall not apply, and space shall not be deemed "“available for lease" ” hereunder, if Landlord shall intend either (a) to enter into a lease of such space to any party pursuant to the terms of a lease in effect as of the Date of this Lease or to any entity controlling, controlled by or under common control with Landlord, or (b) to renew or extend the lease with (or grant a new lease to) the entity (or any party affiliated with such entity) then occupying such space.

RIGHT TO LEASE ADDITIONAL SPACE. So long as (i) there then exists no Default At any time during the term of Tenantthis Lease, (ii) the Tenant named shall have the right of first offer on the whole of any space which is located in Section 1.1 the Building (hereafter “Additional Space”), which Additional Space was, after the date of this Lease Lease, leased to and occupied by a third (or any successor by merger3rd) and/or any Affiliate shall occupy the entire Premises, party but becomes vacant and (iii) this Lease is still in full force and effect, then if any space in the building located at 0000 Xxxxxxx Xxxxx, Xxx Xxxxx, XX shall become available for lease. Prior to making or accepting an offer to lease by Landlordthe Additional Space to or from a third (3rd) party, Landlord the Owner shall deliver to the Tenant a written notice (hereafter “Owner’s Notice”) advising the Tenant that the Additional Space is available for lease. If the Tenant is interested in leasing the Additional Space, the Tenant shall so notify the Owner in writing (hereafter “Tenant’s Notice”) within Ten (10) business days after the Tenant’s receipt of the Owner’s Notice. The rent and other terms of the leasing by the Owner to the Tenant of the Additional Space shall be at the then prevailing fair market rent and terms, and shall identify the space available (the "Offered Space") and the date on which such Offered Space is expected to be availableprovided, and Tenant maythat if, by giving notice to Landlord within ten (10) business days after receipt the delivery by the Tenant to the Owner of such noticethe Tenant’s Notice, irrevocably elect the Owner and the Tenant cannot agree on the then prevailing fair market rent and terms for the Additional Space, rights of the Tenant to lease the Offered Additional Space on shall terminate and end and the terms of this Section 2.5. If Tenant Owner shall have so elected the right to list the Additional Space for lease with a broker and otherwise solicit third party often for the lease of the Additional Space and to lease the Offered Space, it shall enter into an amendment to this Lease within ten (10) days after it shall have received the same from Landlord, confirming the lease of such Offered Space to Tenant pursuant to the terms hereof, such amendment to be in a commercially reasonable form prepared by Landlord. If Tenant shall not elect to lease the Offered Space within the aforesaid 10-day period, then Landlord shall thereafter be free to lease any or all of such Offered Space Additional Spice to a third party or parties from time without further obligation to time on such terms and conditions as it may deem appropriatethe Tenant. Tenant shall lease the Offered Space subject to all The failure of the terms, covenants and agreements of this Lease in effect from and after Tenant to deliver the date on which Owner the Offered Space becomes a part of Tenant’s Notice within the Premises, except that (i) the Annual Fixed Rent for the Offered Space time herein specified shall be conclusively deemed to be a waiver by the Market Rate for the Offered Space, (ii) Tenant's Percentage shall be adjusted to reflect the expansion Tenant of the Premises to include the Offered Space, and (iii) if the Offered Space shall become available for lease as its right of a date on which there are less than three (3) years remaining in the term of this Lease (excluding any unexercised option to extend), then the term first offer with respect to the Offered Additional Space shall be the term for which Landlord intends to offer such space to third parties (which need not be co-terminus with that applicable to the Premises then demised to Tenant under the Lease). Landlord shall designate the Market Rate and, if applicable, the term for the Offered Space, in Landlord's notice to Tenant of the availability of the Offered Space. If Tenant shall elect to lease the Offered Space but shall disagree with Landlord's designation of the Market Rate, then Tenant shall so notify Landlord of such disagreement in Tenant's notice electing to lease the Offered Space, otherwise the Market Rate for the Offered Space shall be as designated by Landlord. If Tenant disagrees timely with Landlord's designation of the Market Rate for the Offered Space and the parties cannot agree upon the Market Rate within ten (10) days after Tenant's notice, the Market Rate for the Offered Space shall be determined in the manner provided in Section 2.3. Subject to Landlord's obligations under Article 5, Tenant shall lease the Offered Space in "as is" condition, and Landlord shall not be required to construct any leasehold improvements to the Offered Space or to provide Tenant with any financial contribution for such purpose. Landlord and Tenant agree that time shall be of the essence of this Section 2.5. The provisions of this Section 2.5 shall not apply, and space shall not be deemed "available for lease" hereunder, if Landlord shall intend either (a) to enter into a lease of such space to any party pursuant to the terms of a lease in effect as of the Date of this Lease or to any entity controlling, controlled by or under common control with Landlord, or (b) to renew or extend the lease with (or grant a new lease to) the entity (or any party affiliated with such entity) then occupying such spaceSection.