Common use of Xxxxx of Option; Conditions Clause in Contracts

Xxxxx of Option; Conditions. In the event that the current tenant in the adjacent 7th floor suite vacates the space. Tenant shall have the one time right of first offer (the "Right of First Offer" with respect to the adjacent 7th floor suite on the 7th floor of the Building shown on the demising plan attached hereto as Exhibit A-3 (the "Offering Space") Tenant's Right of First Offer shall be exercised as follows: at any time after Landlord has determined that the existing tenant in the Offering Space will not extend or renew the term of its lease for the Offering Space (but prior to leasing such Offering Space to a party other than the existing tenant). Landlord shall advise Tenant (the "Advice") of the terms under which Landlord is prepared to lease the Offering Space to Tenant for the remainder of the Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. Tenant may lease such Offering Space in its entirety only, under such terms, by delivering written notice of exercise to Landlord (the "Notice of Exercise") within 10 days after the date of the Advice, except that Tenant shall have no such Right of First Offer and Landlord need not provide Tenant with an Advice, if:

Appears in 1 contract

Samples: Office Lease Agreement (Lecg Corp)

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Xxxxx of Option; Conditions. In the event that the current tenant in the adjacent 7th floor suite vacates the space. Tenant shall have the one time a continuous right of first offer (the "Right of First Offer" ”) with respect to any space in the adjacent 7th floor suite on 0 Xxxxxxxx Xxxxxxxx becoming available from and after the 7th floor of the Building shown on the demising plan attached hereto as Exhibit A-3 Execution Date (the "Offering Space") ”). Tenant's ’s Right of First Offer shall be exercised as follows: at any time after Landlord has determined that the existing tenant in the Offering Space will not exercise its right under its lease to extend or renew the term of its lease for the Offering Space (but prior to leasing such Offering Space to a party other than the existing tenant). , Landlord shall advise give Tenant written notice (the "Advice") of the rental terms (base rent, Base Year for additional rent, and free rent, if any), delivery and/or commencement date, build-out provisions (i.e., delivery condition of the Offering Space), and other material business terms under which Landlord is prepared to lease the Offering Space to Tenant for the remainder of the Term. In any event, which terms the term for the Offering Space shall be conterminous with the Term of the Lease. The rental rate shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. Tenant may lease such Offering Space in its entirety only, under such terms, by delivering written notice of exercise to Landlord (the "Notice of Exercise") within 10 ten (10) business days after the date of the Advice, except that Tenant shall have no such Right of First Offer and Landlord need not provide Tenant with an Advice, if:

Appears in 1 contract

Samples: Letter (Cynosure Inc)

Xxxxx of Option; Conditions. In the event that the current tenant in the adjacent 7th floor suite vacates the space. Tenant shall have the one time right of first offer (the "Right of First Offer" ”) with respect to the adjacent 7th floor approximately 2,476 rentable square feet of space known as suite 270 on the 7th 2nd floor of the Building and shown on the demising plan attached hereto as Exhibit A-3 Schedule F-1 (the "Offering Space") ”). Tenant's ’s Right of First Offer shall be exercised as follows: at any time after Landlord has determined that the existing tenant in the subject portion of the Offering Space will not extend or renew the term of its lease for the such Offering Space (but prior to leasing such Offering Space to a party other than the existing tenant). , Landlord shall advise Tenant (the "Advice") of the of the size and location of Offering Space and the terms under which Landlord is prepared to lease the such Offering Space to Tenant for the remainder of the Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. Tenant may lease such Offering Space in its entirety only, under such terms, by delivering written notice of exercise to Landlord (the "Notice of Exercise") within 10 days after the date of the Advice, except that Tenant shall have no such Right of First Offer and Landlord need not provide Tenant with an Advice, if:

Appears in 1 contract

Samples: Office Lease Agreement (Digital Music Group, Inc.)

Xxxxx of Option; Conditions. In the event that the current tenant in the adjacent 7th floor suite vacates the space. Tenant shall have the one time right of first offer (the "Right of First Offer" ”) with respect to the adjacent 7th floor suite on the 7th floor of 6,248 rentable square feet known as 0000 Xxx Xxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxxx in the Building as shown on the demising plan attached hereto as Exhibit A-3 B (the "Offering Space") ”). Tenant's ’s Right of First Offer shall be exercised as follows: at any time after Landlord has determined that the existing tenant in the Offering Space will not extend or renew the term of its lease for the Offering Space (but prior to leasing such Offering Space to a party other than the existing tenant). , Landlord shall advise Tenant (the "Advice") of the terms under which Landlord is prepared to lease the Offering Space to Tenant for the remainder of the Extended Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. Tenant may lease such Offering Space in its entirety only, under such terms, by delivering written notice of exercise to Landlord (the "Notice of Exercise") within 10 business days after the date of the Advice, except that Tenant shall have no such Right of First Offer and Landlord need not provide Tenant with an Advice, if:

Appears in 1 contract

Samples: Fourth Amendment (CymaBay Therapeutics, Inc.)

Xxxxx of Option; Conditions. In the event that the current tenant in the adjacent 7th floor suite vacates the space. Tenant shall have the one time ongoing right of first offer (the "Right of First Offer" ") with respect to the adjacent 7th floor suite any available space on the 7th 4th floor of the 3010 Building shown on the demising plan attached hereto as Exhibit A-3 C (the "Offering Space") ). Tenant's Right of First Offer shall be exercised as follows: at any time after Landlord has determined that the existing tenant in the Offering Space will not extend or renew the term of its lease for the Offering Space (but prior to leasing such Offering Space to a party other than the existing tenant). , Landlord shall advise Tenant (the "Advice") of the terms under which Landlord is prepared to lease the Offering Space to Tenant for the remainder of the Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. Tenant may lease such Offering Space in its entirety only, under such terms, by delivering written notice of exercise to Landlord (the "Notice of Exercise") within 10 5 days after the date of the Advice, except that Tenant shall have no such Right of First Offer and Landlord need not provide Tenant with an Advice, if:

Appears in 1 contract

Samples: Part of Lease Agreement (Clean Energy Fuels Corp.)

Xxxxx of Option; Conditions. In the event that the current tenant in the adjacent 7th floor suite vacates the space. Tenant shall have the one time right of first offer (the "Right of First Offer" ") with respect to the adjacent 7th floor suite on remaining space in the 7th floor Building (i.e. the building located at 0000 Xxxxx Xxxx Xxxxxxxxx) not part of the Building Premises as shown on the demising plan attached hereto as Exhibit A-3 A-1 (collectively, the "Offering Space") ). Tenant's Right of First Offer shall be exercised as follows: at any time after Landlord has determined that the existing tenant in a portion of the Offering Space will not extend or renew the term of its lease for the such Offering Space (but prior to leasing such Offering Space to a party other than the existing tenant). , Landlord shall advise Tenant (the "Advice") of the terms under which Landlord is prepared to lease such portion of the Offering Space to Tenant for the remainder of the Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such portion of the Offering Space as reasonably determined by Landlord. Tenant may lease such portion of the Offering Space in its entirety only, under such terms, by delivering written notice of exercise to Landlord (the "Notice of Exercise") within 10 days after the date of the Advice, except that Tenant shall have no such Right of First Offer and Landlord need not provide Tenant with an Advice, if:

Appears in 1 contract

Samples: Office Lease Agreement (Northern Empire Bancshares)

Xxxxx of Option; Conditions. In the event that the current tenant in the adjacent 7th floor suite vacates the space. Tenant shall have the one time right of first offer (the "Right of First Offer" ”) with respect to the adjacent 7th floor suite 1,929 rentable square feet known as Suite No. 980 on the 7th 9th floor of the Building shown on the demising plan attached hereto as Exhibit A-3 A-2 (the "Offering Space") ”). Tenant's ’s Right of First Offer shall be exercised as follows: at any time after Landlord has determined that (i) the existing tenant in the Offering Space will not extend or renew the term of its lease, or enter into a new lease for the Offering Space and (ii) the Expansion Tenants (defined in Section 9.04.E below) will not exercise their expansion rights to lease the Offering Space (but prior to leasing such Offering Space to a third party other than or the existing tenant). , Landlord shall advise Tenant (the "Advice") of the terms under which Landlord is prepared to lease the Offering Space to Tenant for the remainder of the Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. Tenant may elect to lease such Offering Space in its entirety only, under such terms, by delivering written notice of exercise to Landlord (the "Notice of Exercise") within 10 5 days after the date of receiving the Advice, except that . Tenant shall have no such Right of First Offer and Landlord need not provide Tenant with an Advice, if:

Appears in 1 contract

Samples: Second Amendment (Medicinova Inc)

Xxxxx of Option; Conditions. In During the event that portion of the current tenant in initial Term commencing on the adjacent 7th floor suite vacates date occurring 6 months after the space. Commencement Date (the “ROFO Commencement Date”), Tenant shall have the one time an ongoing right of first offer (the "Right of First Offer" ”) with respect to any portion (each, an “Offering Space”) of the adjacent 7th floor suite space located on the 7th first floor of the Magnolia Building shown on the demising plan attached hereto as Exhibit A-3 (the "“Potential Offering Space") which becomes available for lease after the ROFO Commencement Date and before the expiration of the initial Term. Tenant's ’s Right of First Offer shall be exercised as follows: at any time after Landlord has determined that the existing tenant in the any Offering Space will not extend or renew the term of its lease for the such Offering Space (but prior to leasing such Offering Space to a party other than the existing tenant). , Landlord shall advise Tenant (the "Advice") of the terms under which Landlord is prepared to lease the such Offering Space to Tenant for the remainder of the Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. Tenant may lease such Offering Space in its entirety only, under such terms, by delivering written notice of exercise to Landlord (the "Notice of Exercise") within 10 5 days after the date of the Advice, except that Tenant shall have no such Right of First Offer and Landlord need not provide Tenant with an Advice, in each case with respect to such Offering Space, if:

Appears in 1 contract

Samples: Office Lease Agreement (Coinstar Inc)

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Xxxxx of Option; Conditions. In the event that the current tenant in the adjacent 7th floor suite vacates the space. Tenant shall have the one time an on-going right of first offer (the "Right of First Offer" ”) with respect to the adjacent 7th floor suite remaining space on the 7th 21st floor of the Building shown on the demising plan attached hereto as Exhibit A-3 E-1 (the "Offering Space") ”). Tenant's ’s Right of First Offer shall be exercised as follows: at any time after (1) when Landlord has determined that the existing a prospective tenant (“Prospect”) who has given Landlord written correspondence confirming such Propect’s interest in leasing the Offering Space will not extend Space, or renew the term (2) before Landlord has such Propect, within 10 days of its lease for Landlord receiving written notice from Tenant of Tenant’s interest in leasing the Offering Space (but prior to leasing such Offering Space to a party other than the existing tenant). Space, Landlord shall advise Tenant (the "Advice") of the terms under which Landlord is prepared to lease the Offering Space to Tenant for the remainder of the Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. Tenant may lease such Offering Space in its entirety only, under such terms, by delivering written notice of exercise to Landlord (the "Notice of Exercise") within 10 5 days after the date of the Advice, except that Tenant shall have no such Right of First Offer and Landlord need not provide Tenant with an Advice, if:

Appears in 1 contract

Samples: Office Lease Agreement (Saflink Corp)

Xxxxx of Option; Conditions. In the event that the current tenant in the adjacent 7th floor suite vacates the space. Tenant shall have the one time a right of first offer (the "Right of First Offer" ”) with respect to the adjacent 7th floor suite spaces more particularly described on the 7th floor of the Building shown on the demising plan attached hereto as Exhibit A-3 E‑1 (the "Offering Space") ”). Tenant's ’s Right of First Offer shall be exercised as follows: at any time after Landlord has determined that the an existing tenant in any portion of the Offering Space will not extend or renew the term of its lease for the applicable portion of the Offering Space (but prior to leasing such Offering Space to a party other than the existing tenant). , Landlord shall advise Tenant (the "Advice") of the terms under which Landlord is prepared to lease the Offering Space to Tenant for the remainder of the Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. Tenant may lease such Offering Space in its entirety only(as specified in the Advice), under such terms, by delivering written notice of exercise to Landlord (the "Notice of Exercise") within 10 days 7 Business Days after the date of the Advice, except that Tenant shall have no such Right of First Offer and Landlord need not provide Tenant with an Advice, if:

Appears in 1 contract

Samples: Office Lease Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Xxxxx of Option; Conditions. In the event that the current tenant in the adjacent 7th floor suite vacates the space. Tenant shall have the one time right of first offer (the "Right of First Offer" ”) with respect to the adjacent 7th floor suite on the 7th floor remainder of the Building shown on the demising plan attached hereto as Exhibit A-3 consisting of 157,418 rentable square feet (the "Offering Space") ”). Tenant's ’s Right of First Offer shall be exercised as follows: at any time after Landlord has determined that the existing tenant in the Offering Space will not extend or renew the term of its lease for the Offering Space (but prior to leasing such Offering Space to a party other than the existing tenant). , Landlord shall advise Tenant (the "Advice") of the terms under which Landlord is prepared to lease the Offering Space to Tenant for the remainder of the Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. Tenant may lease such Offering Space in its entirety only, under such terms, by delivering written notice of exercise to Landlord (the "Notice of Exercise") within 10 days 5 Business Days after the date of the Advice, except that Tenant shall have no such Right of First Offer and Landlord need not provide Tenant with an Advice, if:

Appears in 1 contract

Samples: Office Lease Agreement (Magma Design Automation Inc)

Xxxxx of Option; Conditions. In the event that the current tenant in the adjacent 7th floor suite vacates the space. Tenant shall have the one time right of first offer (the "Right of First Offer" ”) with respect to the adjacent 7th floor suite on remaining portion of the 7th second (2nd) floor of the Building Building, consisting of approximately 10,000 rentable square feet, shown on the demising plan attached hereto as Exhibit A-3 F-1 (the "Offering Space") ”). Tenant's ’s Right of First Offer shall be exercised as follows: at any time after Landlord has determined that the existing tenant in the that first enters into a lease for all or a portion of tile Offering Space after the date of this Lease will not extend or renew the term of its lease for the Offering Space (but prior to leasing such Offering Space to a party other than the existing such initial tenant). , Landlord shall advise Tenant (the "Advice") of the terms under which Landlord is prepared to lease the Offering Space to Tenant for the remainder of the Term, which terms shall reflect the First Offer Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. Tenant may lease such Offering Space in its entirety only, under such terms, by delivering written notice of exercise to Landlord (the "Notice of Exercise") within 10 days after the date of the Advice, except that Tenant shall have no such Right of First Offer and Landlord need not provide Tenant with an Advice, if:

Appears in 1 contract

Samples: Office Lease Agreement (Cardica Inc)

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