First Refusal Space definition

First Refusal Space means, as the context may require, any one or more of the following four spaces individually or all four of such spaces collectively: (i) the space of approximately 10,462 square feet commonly known as 000 Xxxx Xxxxx Xxxxxx, Xxxxx 00 and presently occupied by Farmers Insurance; (ii) the space of approximately 6,489 square feet commonly known as 000 Xxxx Xxxxx Xxxxxx, Xxxxx 00 and presently occupied by Gryphon Sciences; (iii) the space of approximately 24,725 presently occupied by ViroLogic, Inc. on the easterly end of the building commonly known as 000 Xxxx Xxxxx Xxxxxx; and (iv) the building commonly known as 000 Xxxx Xxxxx Xxxxxx, presently occupied by Cytokinetics, Inc. and containing approximately 50,195 square feet (the "280 East Grand Building"). The four spaces constituting the First Refusal Space are designated as such on the Site Plan.

First Refusal Space means all space contiguous to the Premises located on the third (3rd) floor of the Building.

First Refusal Space means any space in the second floor of the building at the Project commonly known as “Lab Building 1” (which second floor contains approximately 23,045 rentable square feet of space), which is not occupied by a tenant or which is occupied by a then existing tenant whose lease is expiring within 6 months or less and such tenant does not wish to renew (whether or not such tenant has a right to renew) its occupancy of such space. For the avoidance of doubt, Tenant shall be required to exercise its right under this Section 39(b) with respect to all of the space described in the Pending Deal Notice, including any space in addition to the First Refusal Space that is described in the Pending Deal Notice, which additional space shall be deemed to be included as part of the First Refusal Space. Within 5 business days after Tenant’s receipt of the Pending Deal Notice, Tenant shall deliver to Landlord written notice (the “Space Acceptance Notice”) if Tenant elects to lease the First Refusal Space described in the Pending Deal Notice. Tenant’s right to receive the Pending Deal Notice and election to lease or not lease the First Refusal Space pursuant to this Section 39(b) is hereinafter referred to as the “Right of First Refusal.” If Tenant elects to lease the First Refusal Space described in the Pending Deal Notice by delivering the Space Acceptance Notice within the required 5 business day period, Tenant shall be deemed to agree to lease the First Refusal Space on the same general terms and conditions as this Lease except that the terms of this Lease shall be modified to reflect the terms of the Pending Deal Notice for the rental of the First Refusal Space. Tenant acknowledges that the term of the Lease with respect to the First Refusal Space and the Term of the Lease with respect to the original Premises may not be co-terminous. Notwithstanding anything to the contrary contained herein, in no event shall the Work Letter apply to the First Refusal Space. If Tenant fails to deliver a Space Acceptance Notice to Landlord within the required 5 business day period, Landlord shall have the right to lease the First Refusal Space to the third party subject to the Pending Deal (or an affiliate of such third party) on substantially the same business terms and conditions set forth in the Pending Deal Notice. Notwithstanding anything to the contrary contained in this Section 39(b), Tenant shall have no right to exercise the Right of First Refusal and the provisions of this Sect...

Examples of First Refusal Space in a sentence

• Tenant acknowledges that the term of the Lease with respect to the First Refusal Space and the Term of the Lease with respect to the original Premises may not be co-terminous.

• Within 5 days after Xxxxxx’s receipt of the Pending Deal Notice, Tenant shall deliver to Landlord written notice (the “Space Acceptance Notice”) if Tenant elects to lease the First Refusal Space.

• If Tenant fails to deliver a Space Acceptance Notice to Landlord within the required 5 day period, Landlord shall have the right to lease the First Refusal Space to the third party subject to the Pending Deal (or an affiliate of such third party) (“Pending Deal Party”) on substantially the same business terms and conditions set forth in the Pending Deal Notice.

• Notwithstanding anything to the contrary contained herein, in no event shall the Work Letter apply to the First Refusal Space.

• If: (i) Tenant fails to timely deliver a Space Acceptance Notice, or (ii) after the expiration of a period of 10 days after Landlord’s delivery to Tenant of a lease amendment for Tenant’s lease of the First Refusal Space, no lease amendment for the First Refusal Space acceptable to both parties each in their sole and absolute discretion, has been executed, Tenant shall, notwithstanding anything to the contrary contained herein, be deemed to have forever waived its right to lease such First Refusal Space.

More Definitions of First Refusal Space

First Refusal Space is defined in Exhibit G hereto.

First Refusal Space means 6,787 rentable square feet of space on the 3rd floor of the Building as shown on Exhibit D attached hereto that is the subject of a Third Party Offer, as defined below.

First Refusal Space means any space adjacent to the Demised Premises that becomes available to lease in the Building during the Term. For purposes of this Special Stipulation 9, available shall mean that (i) the space is vacant, or the lease with the current tenant will expire within three (3) months; and (ii) the current tenant does not have an option to renew its lease for the space (or the current tenant has an option to renew, but failed to exercise it). Further, the First Refusal Space must be no less than three (3) entire bays and no more than five (5) entire bays.

First Refusal Space shall have the meaning given to it in Section 23.1 hereof.

First Refusal Space means any space which is available to be leased in the Building.

First Refusal Space means the following described leasable space which is at any point in time, in Landlord's reasonable determination, unencumbered and legally available for lease:

First Refusal Space means all or any portion of the rentable area of the easterly portion of the fifth (5th) floor of the Building substantially as shown on Exhibit J to this Lease, provided that if an Offer covers rentable Space in the Building in addition to such portion of the fifth (5`") floor, then at Landlord's option, the entire Space covered by such Offer shall be deemed First Refusal Space, for purposes of such Offer only.